Background Checks & Your Record

Many employers check criminal records, driving records, credit history, education and past jobs before or after hiring. Federal and state laws set rules for how these checks are done, what employers must tell you, and what they can do with the results. Reports also contain mistakes, so you have the right to see and dispute them.

• Job Seekers
• Workers
• Drivers
• Employers

Types of checks

• Criminal record checks: convictions, and sometimes pending cases or arrests, depending on state law.
• Driving records (MVR): for jobs involving vehicles. Commercial drivers also face DOT checks. See Commercial Trucks.
• Credit reports: for jobs with money handling or financial access, and limited by many states.
• Employment and education verification, and references.
• Drug tests and physicals: covered separately. See Drug Testing.
• Social media and internet searches by employers. See Social Media & Your Job.

The Fair Credit Reporting Act (FCRA)

When an employer uses a background check company (a “consumer reporting agency”) to get a report on you, the federal FCRA requires the employer to:

1. Tell you in writing that they may get a background report, in a standalone document, separate from the job application, and in clear language.
2. Get your written permission before obtaining the report.
3. If they might turn you down or take other action because of the report, give you a “pre-adverse action” notice before the decision, including a copy of the report and a summary of your rights (“A Summary of Your Rights Under the Fair Credit Reporting Act”).
4. Give you a reasonable time (often about five business days) to review and dispute errors.
5. If the decision is final, send an adverse action notice naming the reporting agency, telling you that the agency didn't make the decision, and explaining your rights to a free copy of the report and to dispute errors.

Many states and cities add rules on top, including limits on credit checks and notice requirements. See State Labor Law Table.

Criminal records and fair hiring

• The EEOC says that blanket bans on anyone with a record can have an unlawful disparate impact on protected groups under Title VII. Employers should look at the nature of the offense, how long ago it happened and how relevant it is to the job, and give the applicant a chance to explain.
• An arrest alone is not proof of guilt, and many states limit use of arrests that didn't lead to conviction.
• Many states and cities have “ban the box” or fair chance laws: employers must wait until later in the hiring process (after an interview or a conditional offer) to ask about convictions.
• Some jobs legally require certain checks or bar certain convictions, such as work with children, security, healthcare, federally regulated transportation and some licensed trades. See Apprenticeships.
• Many states allow expungement, sealing or clearing of some records. A sealed or expunged record generally shouldn't appear or be used. Legal aid groups can help.

Check your own record

• You can get a free copy of your credit report at AnnualCreditReport.com, and you're entitled to a free copy of a background report used against you.
• Check your driving record with your state motor vehicle agency, and criminal records through the state or court (and ask the reporting company what it reports).
• Look for wrong names, mixed-up identities, outdated records, expunged cases or duplicates.
• If you find errors, dispute them in writing with the reporting agency and the source. The agency generally must investigate, usually within 30 days, and correct or delete inaccurate information.

If you think a check was misused

• You may have a claim if the employer skipped the notices, used a report without your consent, or discriminated because of a record. Deadlines are short.
• Contact the Consumer Financial Protection Bureau (CFPB) or FTC about reporting problems, the EEOC or state agency for discrimination, and legal aid for help. See Where to Get Help.
• Keep copies of notices, emails and the report.

Background check checklist

• I received a separate written disclosure and gave written consent
• I asked for a copy of any report used against me
• I disputed errors in writing with the reporting agency
• I know my state's fair chance and credit check rules
• I keep copies of notices and correspondence

Last updated: October 5, 2026