You've got questions about background checks. We've got the answers right here. Here are 21 of the most commonly asked questions about pre-employment screening and background checks. If your question wasn't answered to your satisfaction, please take a look at backgroundchecks.com for more details.

1. 21
Frequently Asked Questions

2.  YES you do!
 Unless you’re hiring very young people
often, you will want to perform checks.
Even fast food restaurants ask about
prior convictions on their applications.
 Performing checks protects your
business and your workers.

3.  In some cases, YES.
For example:
Positions requiring contact with
children require a criminal
background check to avoid hiring a
sex offender.
 Check with your state laws for other
requirements.

4.  If a new worker injures another and has
a violent history, you could be sued for
not performing due diligence before
hiring.
 Investors could also sue if a new
employee embezzles from the company
and threatens their investments.

5. The law may require you to perform certain
checks, but for most positions you will only
need to perform -- a standard background check
 a criminal background check
 and possibly a drug test

6. The types of checks include:
 Standard checks (prior addresses, prior jobs)
 Criminal background checks
 Credit checks
 Military background checks
 Drug tests
There are more options available!
Check at backgroundchecks.com for more details.

7.  Credit checks are used on people
in finance positions or executive
positions.
 If a new hire is going to have
significant access to a company’s
coffers, it’s probably wise to run a
credit check on them.

8.  Most employers will run a criminal
background check on candidates as a
matter of due diligence.
 In some cases you may be required to do
so because of the job.
 Jobs in security, pharmaceuticals, the
military, and working with children
generally require greater scrutiny.
>> You will want to check your state laws for details. <<

9.  If you have to ask, the answer is probably NO.
 EXCEPT for certain positions, running a
polygraph test is illegal.
Positions that require contact with
pharmaceuticals and armored car
drivers are notable exceptions.

10.  It may seem like a great deal, but it’s TOO
GOOD TO BE TRUE.
Most online checks only search through publicly
accessible databases for information.
 Reputable companies will go much further for
you. You will also receive no customer support
or compliance advice from a free site.
It’s worth it to pay the fee to have a professional
company perform the check. They will be able to get
you both more and more accurate information.

11.  This depends on how many checks you want to run
and how far back in time you wish to check.
 It also depends on the institutions that the
background check company has to work with.
For example: Different courts run at different speeds
for turning around information. Some types of
checks require a phone interview. Turnaround times
can vary from 3 business days up to two weeks.

12. It is possible, but it will be VERY inefficient. WHY?
 Most companies don’t have the resources or the time
to contact court houses and dig through public records
to gather all the information and check it for accuracy.
 You would also have to comply with laws about
gathering information.
Having a third party perform your checks also helps protect you from
legal liability. It is best to hire an outside company to do your checks.

13.  All checks require information and
permission from the candidate before
you can run them.
 But some require specific paperwork
and permissions.
The background check company you use will have all
the forms and information you need to legally run
your checks.

14. You may have heard about hiring managers
asking people for social media passwords so
they can check their activities. Best practice
right now is to not do this, at least until the
courts have made their decisions.
There are several cases in the court system right now
about this issue. Some states have already decided that
this practice is illegal. However, anything that is publicly
accessible on the internet is considered a public record.
Have the right person before jumping to conclusions!

15.  Talk with a business lawyer
 Or view this document from the
Society for Human Resource
Management

16. This entirely depends on your company’s policies.
 Seven years is a good standard.
 Some go back as far as ten years.
 Others only check the past three.
Your state may have limitations on how far back you
can go, or how far back they will retain certain types of
information.

17. Sometimes it is, but not frequently.
Clerical errors or fraud from other people cause errors in
databases. If you do deny a candidate on the basis of a
background check, you may be required to disclose the
report and where you got the information from.
The candidate may counter with records of
their own, and they can file a dispute with the
background check company.
You do not have to wait for the candidate to prove the
check wrong before hiring someone else once you have
advised them of your decision.

18. If you deny them based on background
check information, the answer is YES.

19.  You need the full name of the candidate and
their date of birth.
 You may also need their SSN, but in most
cases you do not need this. Criminal records
aren’t kept by SSN.
Your background check company will let you
know what is required for the types of checks
you want to run.

20. The federal policy for this is to hold it for 1-2 years if
someone is not hired, and to hold it for six years after
termination for anyone who is hired.
 There are no laws regulating how long you need to retain
background check information, but some companies do it
as a matter of course.
 The information should be held in a separate location away
from their personnel file. However, some companies
destroy the information as soon as someone is hired.
Your state may have specific laws on this matter as well.

21.  Not necessarily.
 You may be required to in some circumstances, but
every hiring manager has to weigh the information
they’ve received.
For example:
Someone forgetting their exact address
from 10 years ago doesn’t necessarily
mean they’re a liar!

22.  Only in cases where it is required by
state or federal law.
 This is mostly a concern when the
position involves contact with children.
 Check your state laws for more details.