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June 2016 magazine

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Everything You Need To Know About Background<br />

Checks and Pre-Employment Screening<br />

(Continued From Previous Page)<br />

How Far Back can a Background Check Go?<br />

The FCRA states that an employer should not request arrest records that<br />

are over seven years old from the date of the pre-employment screening.<br />

Vice versa, consumer reporting agencies should not report this<br />

information. Background reports also cannot include criminal records that<br />

have been expunged.<br />

Can A Company Not Hire a Person Because of a Background Check?<br />

Yes, but the FRCA closely regulates this. For example, bankruptcies,<br />

workers compensation and injuries cannot be held against you when<br />

applying for a job. An employer also has to tell you that they are not hiring<br />

you because of something they found in your background check. The<br />

employer must provide you with the report, the reason, and allow you to<br />

dispute it if the information is incorrect or should not have been included.<br />

Some employers will simply say that it wasn’t due to the background<br />

report, but because there were more talented candidates, which exempts<br />

them from sharing the background report with you and allows them to<br />

bypass the regulations set forth in the FCRA.<br />

Is There Anything I Should Do Before a Pre-Employment Background<br />

Check?<br />

Run a background check on yourself! You can use a government tool, like<br />

Self Check, or use a paid background check service. IdentitySmart offers a<br />

self background report when signing up as a way to protect and monitor<br />

your identity. Ask for a credit report to make sure there are no<br />

inaccuracies and that your credit is in a good state. Request to see court<br />

records (if you’ve ever been involved in a lawsuit) and driving records (if<br />

the job includes driving) to make sure that they are accurate and don’t<br />

include information that is over seven years old. Know your rights as<br />

35<br />

protected under the FCRA.

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