How to Conduct a Background Check

A full background check can include dozens of record types: criminal cases at the local, county, state, and federal level; civil judgments and liens; property records; professional licenses; business affiliations; marriage and address history; and more. Most of these records are publicly available and searchable online through official government sources at no cost. This guide breaks down each category and links to the right official databases.

Conducting a background check correctly requires following a specific legal sequence. Skipping steps, particularly the FCRA-required consent process, exposes you to liability. This guide provides the exact workflow for employers and landlords, from first contact to final decision.

Key point: under many ban-the-box laws the criminal history question cannot appear on the job application, and some, such as California's Fair Chance Act and the federal Fair Chance Act, bar it until after a job offer.

Employer Workflow: The Seven Steps

1. Identify the scope. Decide before the search what you will check (criminal only? credit? employment verification?) and establish a written policy that applies consistently to all applicants for the same position.

2. Provide a standalone disclosure. Before requesting any report from a Consumer Reporting Agency (CRA), give the applicant a written disclosure that you will obtain a consumer report. FCRA requires this be a standalone document; it cannot be buried in the employment application.

3. Get written authorization. The applicant must sign and date an authorization form. Keep this on file. A verbal or checkbox authorization is not sufficient under the FCRA.

4. Order the report from the CRA. Provide the CRA with the applicant's full legal name, DOB, SSN, and address history. Confirm the CRA is accredited by the PBSA (Professional Background Screening Association).

5. Review the report. Evaluate results against the specific job requirements. Do not share the report with hiring managers who don't need it.

6. Pre-adverse action process (if applicable). If you plan to reject based on the report, send: (a) a copy of the report, (b) the FTC's Summary of Rights under FCRA, and (c) a reasonable time to dispute (minimum 5 business days recommended).

7. Final adverse action notice (if proceeding with rejection). Send written notice naming the CRA, providing their contact info, and stating the CRA did not make the decision.

Ban-the-Box Compliance: When Can You Ask?

Under the strictest fair chance laws, such as California's, the sequence is: job posting → application → interview → conditional offer → background check → individualized assessment → final decision. There, the criminal history question cannot appear on the application or be asked before a conditional offer is extended. Violation penalties vary by jurisdiction, for example, Philadelphia's ordinance provides for a per-applicant civil penalty, and California's Fair Chance Act provides a private right of action. Check your state and city's current statute.

Landlord Workflow: Tenant Screening

1. Establish written tenant selection criteria before listing the property. Set credit score minimums, the income-to-rent ratio, a criminal history policy and rental history requirements. Post them publicly if local law requires it (Seattle, for example, requires posting criteria).

2. Provide disclosure and get authorization. Same FCRA requirement as employers; get signed consent before ordering a tenant screening report.

3. Order from a permissible purpose CRA. A tenant screening company is a CRA; its reports for housing usually combine credit, criminal and eviction records.

4. Evaluate using your pre-established criteria. Apply criteria consistently to every applicant; document your decision in writing.

5. Adverse action if rejecting. Provide the required adverse action notice naming the CRA. For housing, also check whether local "source of income" anti-discrimination laws apply (many jurisdictions prohibit rejecting Section 8 voucher holders).

Self-Screening: Running a Background Check on Yourself

Running your own check before applying for jobs or housing gives you time to correct errors and prepare explanations. Start with these sources; all are free except the FBI record ($18).

• FBI Identity History SummaryYour own fingerprint based FBI record, $18
• AnnualCreditReport.comFree weekly reports from Equifax, Experian and TransUnion
• State and County Court RecordsSearch your own name in court records
• Sex Offender Registries by StateConfirm you are not listed by mistake
• Property RecordsCounty recorders hold liens and judgments against property

Industry-Specific Requirements

Related Guides

• Background Check Basics
• MVR and Driving Records

• PACER, Federal Criminal CasesFederal criminal, civil and bankruptcy cases by name
• NSOPW, Sex Offender SearchEvery state, territory and tribal registry at once
• BOP, Federal Inmate LocatorPeople held in federal prison since 1982
• State and County Inmate SearchState prisons and county jails

• BLM GLO, Land and Property RecordsFederal land patents, surveys and land office documents
• FDIC, Bank and Financial Institution DataLook up banks and FDIC insurance
• IRS, Understanding a Federal Tax LienHow a federal tax lien works and how it is released
• Bankruptcy Records SearchFederal bankruptcy courts by state

• SEC Investment Adviser Public DisclosureAdvisers and brokers, with disciplinary history
• CMS NPI RegistryHealth care providers by name and NPI number
• Attorney License VerificationState bar lookups for every state
• SAM.gov, Federal Contractor DatabaseFederal contractor registrations and exclusions