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Employer Background Checks

What's Included in an Employer Background Check


When employers check your background as part of the hiring process, there is some information that cannot be disclosed without your consent. Here's the information that is considered private and not available to employers without your written permission, along with details on what employers are able to access without your consent.

School Records. School records, including high school, college, and continuing education, are confidential and cannot be released without the consent of the student.

Bankruptcy. Job seekers are not supposed to be discriminated against because of a bankruptcy filing, however, bankruptcies are on the public record, so, it is easy for employers to obtain the information.

Credit Reports. Employers, can with your permission, check your credit history as part of the job application process and what they discover can be an issue for job seekers. Before a company can run a credit report for employment purposes, they must notify you in writing and get your written authorization. Here's more on employment credit checks.

Criminal Records. Laws vary on checking criminal history depending on your state of residence. Some states don't allow questions about arrests or convictions beyond a certain point in the past. Others only allow consideration of criminal history for certain positions. Here's a how a criminal record impacts your job search.

Medical Records and Disability. Companies cannot request medical records and may not make hiring decisions based on an applicant's disability. However, employers can inquire about your ability to perform a job. The same is the case with Worker's Compensation. The Americans with Disabilities Act of 1990 (ADA) makes it unlawful for an employer to discriminate against a qualified applicant with a disability.

Military Records. The U.S. military can disclose your name, rank, salary, assignments and awards without your consent.

Driving Records. Driving records are not confidential either and can be released without consent.

The private web sites, and the information linked to both on and from this site, are opinion and information. While I have made every effort to link accurate and complete information, I cannot guarantee it is correct. Please seek legal assistance, or assistance from State, Federal, or International governmental resources to make certain your legal interpretation and decisions are correct. This information is not legal advice and is for guidance only.

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