While tracking the Google search terms that lead people to these articles, one thing has become abundantly clear - many job seekers are curious to know what's on their background check, more so than corporations looking for information about their own background screening programs and policies.
There are no hard and fast answers to any of the questions job seekers ask Google, because the background check industry changes on an almost daily basis. But there are some basic guidelines. Following are brief answers to a few of the most common questions about background checks:
Can my online (Facebook, Twitter) reputation be used against me?
The short answer is "yes" - if you are looking for a job, take down that drunken party picture on your Facebook profile right away. As we outlined in a previous article, the legality of using Facebook as an employee screening tool is questionable and depends entirely on what information is being used. An employer may be exposed to information about your religion, marital status/sexual orientation, or pregnancy but they aren't legally permitted to use that information in making a hiring decision. But if your Facebook page suggests drug use or other illegal activities you may never get a call back.
We always recommend that employers refer to more official records like convictions and verifications of employment, but there is no law that says an employer cannot look you up on Facebook.
After I'm convicted of a crime, how long will it continue to show up on my background check?
This is probably the most common question about background checks, and it's also the most difficult to answer. As a general practice, background screening firms look for information from the past seven years - this time frame includes disposition, so if your 3 year probation ended in 2005, it's going to be on your report. Several states have even enacted laws restricting information past 7 years but the Fair Credit Reporting Act, the federal law that governs employment background checks, does not set a maximum time frame for reporting convictions.
This means that a speeding ticket from 1995 is reportable in one state, whereas a violent assault from 2003 may not be reportable in another. Also, the 7 year rules in some states aren't set in stone and may be ignored based on certain variables - whether you've been convicted of other crimes since your first offense, the severity of the crime (sex crimes and manslaughter are frequently exempt from reporting restrictions), and even your anticipated salary may determine whether a crime can be included on your report.
If I'm not applying for a financial position, why are you checking my credit?
The Fair Credit Reporting Act (FCRA) was originally created to govern the use of credit reports, but then expanded to include any type of data (criminal convictions, driving records, professional references) that a consumer reporting agency may prepare about you for employment purposes. Virtually any part of any report prepared by a screening agency falls under the FCRA, which means you need to authorize the background check before it can be run, and you are allowed very specific rights with regards to your report.
Credit reports, specifically, speak volumes about an individual's level of personal responsibility and organizational skills. Even so, more employers are relying on this information only when it's for a financial position. Several states (Connecticut and Illinois, for example) have even passed laws restricting the use of credit reports unless there are specific financial aspects to the position.
There are more questions, and we have the answers. If you have a specific question about background checks, please leave a comment below and I'll be sure to answer it in the second part of this series.
