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.

2012 Year EEOC criminal records guidance issued

  Key Insight: In ban-the-box states, the criminal history question CANNOT appear on the job application, it can only be asked after a conditional 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?

In jurisdictions with ban-the-box or fair chance ordinances (currently a majority of states plus 150+ cities, consult the National Employment Law Project tracker for the current count), the sequence is: job posting → application → interview → conditional offer → background check → individualized assessment → final decision. 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 jurisdiction's current statute. Check NELP's Clean Slate Clearinghouse (nelp.org) for the current list of jurisdictions and their specific requirements.

Landlord Workflow: Tenant Screening

1. Establish written tenant selection criteria before listing the property, credit score minimums, income-to-rent ratio, criminal history policy, rental history requirements. Post this publicly if required by local law (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, tenant screening CRAs like TransUnion SmartMove, Experian RentBureau, or local services provide credit + criminal + eviction reports designed for housing.
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 to jobs or housing gives you time to correct errors and prepare explanations. Free sources: FBI Identity History Summary ($18 - not free but authoritative), AnnualCreditReport.com (free credit report from all three bureaus), state court website (search your own name), sex offender registry (confirm you are not erroneously listed), county assessor (verify no liens or judgments filed against you). Paid comprehensive self-checks: many CRAs including Checkr, Sterling, and First Advantage offer consumer self-check products for $25 - $75.

Industry-Specific Requirements

Related Guides

Background Check Basics ›

Understanding Results ›

Dispute & Fix Errors ›

Background Checks ›

MVR / Driving Records ›

PACER, Federal Criminal Cases

NSOPW, Sex Offender Search

BOP, Federal Inmate Locator

vinelink.vineapps.com

BLM GLO, Land & Property Records

FDIC, Bank & Financial Institution Data

IRS, Tax Lien Public Records

PACER, Bankruptcy Filings

brokercheck.finra.org

AMA DoctorFinder, Physician Verification

State Bar Locator, Attorney Licenses

SAM.gov, Federal Contractor Database