For job seekers
What happens during a background check for a job
When an employer uses a screening company to check your background, federal law sets the steps and gives you rights at each one. Here is the process from your side, in order, with what you can do at each step.
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The steps, in order
For a check run by a screening company (a consumer reporting agency).
- You get a written notice and sign a permission form. Before ordering the report, the employer must tell you in writing, in a document that is only about the check, and get your written permission (
15 U.S.C. § 1681b(b)(2)). If the check includes interviews with people who know you, you get a separate notice within 3 days, and you can ask what it will cover (§ 1681d). - The screening company prepares the report. What it may include, and how far back, is limited by law. See what shows up.
- If the report may cost you the job, you get a warning first. Before deciding, the employer must send you a copy of the report and a summary of your rights (
§ 1681b(b)(3)). This is the pre-adverse action notice. What to do when you get one. - You have time to respond. Federal law sets no fixed number of days; 5 business days is the common practice. Several states and cities set a minimum, and some add time if you dispute the report. The waiting period calculator counts it for a job’s state or city.
- If the employer still says no, you get a final notice. It names the screening company and how to reach it, says the company did not make the decision, and tells you of your right to a free copy of the report within 60 days and to dispute anything wrong in it (
§ 1681m(a)).
How long does it take?
No law sets how long a check takes.
The time depends on what the employer orders, such as county court searches, past employers or schools, and how fast those sources answer. The parts of the process that do run on a clock:
- The waiting period after a pre-adverse action notice, where a state or city sets one (often 5 business days or more)
- A dispute: the screening company has 30 days to reinvestigate, sometimes 45 (
§ 1681i(a)(1)) - A state or city rule on when an employer may ask about a record, which can push the check until after an interview or a job offer
If you have a criminal record
Many places limit when and how an employer may consider it.
Some states and cities bar questions about records on the application, require the employer to weigh the record against the job, or protect sealed records. Your rights with a criminal record, by state.
Questions job seekers ask
Can an employer run a background check without my permission?
Not a report from a screening company. The employer needs your written permission first (§ 1681b(b)(2)(A)(ii)). An employer checking public records itself is not covered by this rule, but some states regulate that too.
Do I get to see the report?
Yes, if it may cost you the job: the employer must send you a copy before deciding. You can also ask the screening company for your file, and after a final notice you can get a free copy within 60 days.
Is this legal advice?
No. It explains what the law says, with the source for each point. For your own situation, a legal aid office or a lawyer can help.
Sources
- 15 U.S.C. § 1681b(b), disclosure, permission and the pre-adverse action notice
- 15 U.S.C. § 1681d, investigative reports
- 15 U.S.C. § 1681m(a), the final notice
- 15 U.S.C. § 1681i, disputes
Last reviewed · General information, not legal advice.