The Ultimate Guide to Background Checks: Everything You Need to Know 

Welcome to Your Comprehensive Guide on Background Checks 

You want to make informed, confident hiring decisions. This guide will help you understand everything about background checks, from criminal records to FCRA requirements. Let's dive in and simplify the process together! 

What is a Background Check? 

A background check is the collection and verification of an individual’s information or records from private and public sources. For employment, it’s a tool to ensure you’re hiring the right person. It can include checks on: 

• Criminal record 

• Education 

• Employment history 

• Motor vehicle records 

• Credit history 

• And more 

Background checks are intended to create a safe and profitable environment, protecting your business and ensuring you make informed hiring decisions. 

What is a Criminal Record? 

A criminal record is a documented history of an individual's criminal activity. It includes information about arrests, charges, convictions, and sentences. This record can be accessed by employers to assess a candidate’s suitability for a role. 

What is a Criminal Background Check? 

A criminal background check involves searching local, state, federal, and international records to uncover any criminal history associated with a candidate. This helps you ensure that you are hiring someone who aligns with your company’s values and standards. 

What Shows Up on a Criminal Background Check? 

A criminal background check can reveal various types of information, including: 

• Misdemeanor convictions 

• Felony convictions 

• Pending charges (if permissible under applicable state law) 

• Acquitted charges (if permissible under applicable state law) 

• Dismissed charges (if permissible under applicable state law) 

• Warrants (where available) 

• Restraining orders (only with Civil Searches) 

• Expunged charges (should not show up) 

Where to Get a Criminal Background Check 

You can obtain a criminal background check through various sources, including: 

• Department of Public Safety in your state 

• State DMV for driving records 

• Background check service providers like Bchex, which use advanced AI to deliver comprehensive and accurate reports. 

FCRA Requirements: Staying Compliant 

The Fair Credit Reporting Act (FCRA) sets national standards for background checks. Here's how you can stay compliant: 

• Written Disclosure: Inform the candidate in writing that you intend to conduct a background check. This disclosure should be clear and separate from other documents. 

• Written Authorization: Obtain the candidate's written consent before proceeding with the background check. This can be done electronically or physically. 

• Review and Provide Results: After reviewing the background check, if you decide not to move forward with the candidate, you must inform them of their rights under the FCRA and provide a copy of the report. 

Adverse Action: What You Need to Know

If you find information in a background check that might lead you to not hire a candidate, you must follow the adverse action process: 

1. Pre-Adverse Action Notice: Inform the candidate that you are considering not moving forward based on their background check. Provide them with a copy of the report and a summary of their rights under the FCRA. 

1. Opportunity to Respond: Give the candidate a chance to dispute any inaccuracies in the report. 

1. Final Adverse Action Notice: If you still decide not to hire the candidate after reviewing their response, send a final notice informing them of your decision. 

Individualized Assessments: Fair and Just Decisions 

Individualized assessments ensure that you consider the context of any criminal history: 

• Nature and Gravity of the Offense: Consider the severity of the crime and its relevance to the job. 

• Time Passed Since the Offense: Evaluate how much time has passed since the crime occurred. 

• Nature of the Job: Assess how the offense might impact the candidate's ability to perform the job. 

Why Choose Bchex?

• Reliability: Our advanced AI technology ensures 99.9% accuracy and speed. 

• Experience: Decades of expertise in background screening. 

• Support: Our team is here to help you every step of the way.