In today’s world, background checks have become a vital tool for hiring managers, landlords, and individuals seeking peace of mind before making important decisions. However, there are laws governing what information can be accessed and how it’s used, ensuring that privacy rights are respected. If you’re considering a background check for a prospective employee, tenant, or even a business partner, it’s essential to know what information is legally available—and what isn’t.
1. Basic Identity Verification
What You Can Obtain: Basic identity information, like full name, address history, date of birth, and social security number verification.
Purpose: This data serves as a foundation for a thorough check, ensuring you’re reviewing the correct records. While these details can be gathered relatively easily, they need to be handled securely to protect individuals’ personal information.
2. Criminal Records
What You Can Obtain: Publicly accessible criminal records, including convictions, arrests, and active warrants, are often part of a background check.
Restrictions: Laws vary by state, but generally, you’re only able to review convictions—not charges that didn’t lead to conviction. Some jurisdictions restrict access to records beyond a certain age (like convictions older than seven years).
Purpose: Criminal history is often reviewed for positions involving sensitive information or public interaction. However, it’s essential to consider the context and relevance to avoid discrimination based on past records.
3. Employment History
What You Can Obtain: Employment verification, including dates of employment, job titles, and sometimes salary information.
Restrictions: While past employers can verify that someone worked for them, they’re often limited by law or policy in providing further details, such as performance or reasons for termination.
Purpose: Reviewing employment history helps to confirm a candidate’s qualifications, skills, and experience level, ensuring they’re a fit for the role.
4. Education Verification
What You Can Obtain: Verification of diplomas, degrees, certifications, and other educational qualifications.
Restrictions: Some schools may require the subject’s consent before releasing information, and federal privacy laws (like FERPA in the U.S.) protect student records.
Purpose: Education verification is particularly important for positions requiring specific academic credentials, ensuring that candidates meet the educational requirements for a role.
5. Credit Reports (with Consent)
What You Can Obtain: With written consent, you may access a summary of an individual’s credit history, including their credit score, outstanding debts, and payment history.
Restrictions: Credit checks are highly regulated, and in many places, they can’t be used for hiring decisions unless the position involves financial responsibilities. In the U.S., the Fair Credit Reporting Act (FCRA) mandates written consent from the individual before accessing their credit report.
Purpose: For roles involving financial trust (like accounting), credit checks can provide insights into an applicant’s financial responsibility.
6. Driving Records
What You Can Obtain: Records of traffic violations, DUI convictions, license status, and accident history.
Restrictions: Access to driving records often requires consent, and in some places, these records are only accessible if the individual’s job requires driving.
Purpose: Driving records are commonly checked for positions where driving is part of the role. They can indicate a candidate’s history of responsible (or reckless) behavior on the road.
7. Professional Licenses
What You Can Obtain: Verification of any professional licenses and certifications, such as medical licenses, law degrees, or real estate credentials.
Restrictions: Some licensing boards have privacy regulations, but in most cases, professional licenses are publicly accessible and easily verifiable.
Purpose: This is critical for roles that require a specific professional background or specialized expertise.
8. Social Media and Public Web Presence
What You Can Obtain: Publicly available information on social media platforms and other websites.
Restrictions: While public profiles can be viewed, it’s crucial not to violate terms of service or privacy laws. Using this information for employment decisions should be handled carefully, as it can open the door to discrimination claims if not managed objectively.
Purpose: Public online behavior can provide a sense of a candidate’s professionalism and values, but it should never be the sole factor in a hiring decision.
Background Checks and Consent
Before diving into someone’s background, it’s essential to obtain written consent. This isn’t just a best practice; it’s a legal requirement in many places. Informing the individual about the check helps protect their rights and ensures transparency. Always use a reputable agency that complies with relevant regulations, such as the Fair Credit Reporting Act (FCRA) in the U.S.
Final Thoughts: When Is It Worth It?
Background checks should be conducted with a clear purpose in mind, whether it’s for hiring, renting property, or securing a business partnership. By understanding what’s legally obtainable and ethically relevant, you can ensure that background checks are both thorough and respectful of privacy.
Conducting a background check with a reputable firm like The Special Investigations Unit ensures that all information is gathered legally and ethically, so you get the insights you need while protecting everyone’s rights. If you have questions about a specific background check, contact us—we’re here to help you make informed, confident decisions.
Comments