What Do Employers Look for in a Background Check?

Michelle Wilson - September 17, 2023

Applying for a new job is stressful enough without worrying about the background check process. If you’re new to the employment process, understanding what an employer is looking for can make all the difference in your confidence in applying to various positions. Employers are considerably different in job requirements and expectations, so they may hold varying degrees of background check requirements. Generally, an employer wants to verify your identity, confirm any criminal history, and verify previous employment. 

Understanding State Laws

Although most states will perform background checks on prospective employees, a few states hold specific rules and regulations regarding the information displayed within the report. For example, California, New York, and several other states all mandate a maximum of seven years for criminal history over seven years. The seven-year mandate will start from the time of the felony (assuming no conviction), end of parole, date of disposition, or final day of incarceration.

A few states will allow this information to be reported for ten years or longer, assuming the employment salary will exceed $75,000.

What Does an Employer Check on a Background Report?

Many assume an employer will investigate someone’s criminal history if one is on file. While the criminal portion of a background check is constantly reviewed, it’s only a tiny component of the entire report. An employer is looking for the best candidate for the position. An organization wants someone honest, with a confirmed education and work history. They may also examine your driver’s history and credit report if the situation justifies further evaluation.

Why Does an Employer Confirm These Details?

Every individual will provide a resume and application to various positions online, but it’s up to an employer to perform due diligence before hiring. Unfortunately, many people will fabricate or falsify details on their resume under the employment and education history. Falsifying details puts the hiring company at increased risk for liability claims, especially if their staff isn’t properly educated or trained. By confirming this information through a background check, the company minimizes potential exposure to unnecessary risks.

General Information Included in a Background Report

The details of your background check will largely depend on the ordered information. An employer will likely look through the following information:

– An applicant’s full name, including any maiden names or aliases

– Current address and contact details, as well as previous addresses

– The Social Security number attached to your personal information, in comparison with the one you provided

– Any criminal history attached to your name, including any current or outstanding warrants

– Generalized work history and educational background

– Federal and state civil cases, including tax liens, past and pending

– Extensive criminal history evaluation, including misdemeanors and felonies

– Credit reports and driver’s abstract for positions directly related to these roles.

All employers must follow the Fair Credit Reporting Act when reviewing an applicant’s information. The Fair Credit Reporting Act limits access to credit reports and the purpose of collecting these details. The FCRA also demands all employers receive written permission before accessing a credit report.

Other Names for a Background Check

While a background check sounds invasive and ominous, chances are you’ve agreed to it with previous employment. A company may refer to the screening process as a “pre-employment evaluation,” “pre-employment screening,” or “background verification.”

There are a few different terms for them, and a few employers may try to hide or disguise the background check process. If an employer is going to pull any personal information on a prospective applicant, they must receive written permission. A candidate is welcome to refuse the background check process, but an employer can terminate eligibility within the company if the applicant doesn’t submit to a screening.

Do Dismissed Cases Show Up in the Background Report?

Reporting dismissed cases on a background report will largely depend on the state in which it was filed. Previously dismissed, acquitted, or not guilty charges can still potentially appear on the background check. Additionally, a felony arrest can potentially stay on your background record for the rest of your life.

A few states do limit how long not guilty or dismissed verdicts will appear on your record, while other states outwardly prohibit these details from recording altogether. Unfortunately, most states will hold no limitations on how long arrest records remain on the background history.

What Happens with Expunged or Sealed Records?

Any criminal charges occurring before the age 18 are automatically sealed when the individual becomes an adult. In a few cases, an adult with a criminal record can apply to the court to have illegal activity sealed or expunged. Sealing or expunging the records will remove the incident from your record, which clears that criminal history.

Anyone wanting to expunge or seal their records must petition the court, pay restitution, and proceed with the legal process.

Can an Employer See Your Driving Infractions on the Background Report?

Employers requiring the applicant to use, operate, or drive a company vehicle will run a motor vehicle check before hiring. The motor vehicle check will include any driving infractions, charges, and fines. These infractions include red light violations, speeding tickets, and DUI charges. The standard background check won’t have your driving history if you’re not applying for a driving position.

It is critical to realize a few driving offenses could be misdemeanors or felonies. A felony arrest, regardless of the conviction or dismissal, can remain on the background history for seven years or longer, depending on the state of infraction.

How Can You Protect Your Privacy?

General information is considered public information. All public information is easily shareable, and little legal recourse is available to protect these details. Personal information like your full name, past aliases, maiden names, current and previous addresses, civil suits, tax liens, and felonies are all public information.

Individuals with felony convictions, arrest records, or other legal issues can petition the court to seal or expunge the record. Alternatively, individuals can seek a Governor or Presidential pardon if the arrest or conviction is egregious. Expunging or sealing records is time-consuming and expensive but is far easier than seeking a pardon.

Conclusion

Details within the background check will vary by employer requirement. Most employers will consider an applicant’s criminal, employment, and educational history before hiring. While criminal history isn’t an automatic exclusion from the position, an employer must remove excessive risk and liability issues when possible. If you’re concerned about the information appearing on your background report, always run a background check on yourself before applying to new positions. The report will show you all the details a prospective employer will uncover during the hiring process, giving you time to confirm the information beforehand.