Who can legally run a background check on an employee in the United States? How thorough should the background check be?

In the United States, the Fair Credit Reporting Act (FCRA) governs who can legally run a background check on an employee. According to the FCRA, only employers, their agents, or consumer reporting agencies (CRAs) can obtain a consumer report, which includes information about an individual's credit history, criminal record, and other personal information.

The thoroughness of a background check will vary depending on the position and the employer's requirements. However, a typical background check will include a search of criminal records, civil court records, and sex offender registries. It may also include a credit check, employment history, and education verification.

In general, employers should only request information that is relevant to the position being filled. For example, an employer would not need to know about an applicant's credit history if the position does not involve handling money.

There are a number of reputable CRAs that employers can use to conduct background checks. When choosing a CRA, employers should consider the following factors:

  • The CRA's experience and reputation
  • The cost of the background check
  • The turnaround time for the report
  • The CRA's compliance with the FCRA

Related Questions:

  • Can an employer run a background check on me without my consent? No, employers must obtain your written consent before running a background check.
  • Are there any states that have additional laws governing background checks? Yes, some states have additional laws that employers must comply with when running background checks.
  • Can I see my background check report? Yes, you have the right to request a copy of your background check report from the CRA that conducted the check.
  • How long does a background check take? The turnaround time for a background check will vary depending on the CRA, but it typically takes a few days to a few weeks.
  • What should I do if I find an error on my background check report? If you find an error on your background check report, you should contact the CRA that conducted the check and dispute the error.

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