What Does it Mean to Have to Get a Background Check for a Job?

A background check is a review of a person's past actions, with an eye toward their reputation and honesty. Background checks differ in their depth, sophistication and instrusiveness. In its shallowest form, an employer may fact-check an applicant's resume to determine if it is accurate. On the other end of the spectrum, employers may conduct a credit check and a criminal background check. For jobs in the security industry or with top-secret clearances, investigators may contact neighbors and other acquaintances.

Credit Checks

Employers must ask for permission from an applicant before obtaining a "consumer report." These include credit reports. If the employer obtains one, it must notify you in writing before any adverse action is taken. This is a pretty broad provision of the law. For example, if the employer decides not to hire you based on what is contained in a consumer report, it must notify you before the action is taken and give you a copy of the report. They must also follow up after the action is taken, according to the Federal Trade Commission.

Specialty Reports

Background checks may include other types of reports. Driving records may be available in some states. According to privacyrights.org, some payroll services also sell salary data to employers, a feature that allows them to check whether employees are inflating their previous salaries in hopes of getting a big raise at a new job.

Public Records

Bankruptcies, divorces, civil lawsuits and criminal cases are all part of the public record. Many of the consumer reporting agencies cull these records and make them available to employers for a fee. But employers can conduct their own review of public records by simply going to the local courthouse and conducting a search. If an employer performs its own background investigation, it does not have to disclose that fact.

Confidential and Prohibited Information

There are several categories of information that will not appear on a background check, including medical information, educational records and some military records. Though bankruptcies may appear on a consumer report, employers may not discriminate against people who have filed for bankruptcy. Bankruptcies must be removed from reports after 10 years. Civil suits, federal tax liens and accounts in collection likewise cannot appear on a consumer report after seven years.