Background check

What it is

A background check is a review of a person's history before they join a company. Depending on the role and the country, it can include confirming past jobs and dates, checking degrees or licenses, calling references, and in some cases looking at criminal records, driving records or credit history.

The rules differ a lot between countries. In the United States, when an employer uses a third party company to run checks, the Fair Credit Reporting Act generally requires a clear written disclosure and the candidate's written permission first. In Europe, data protection law limits what can be checked and why. This page is general information, not legal advice. Rules vary by country and region, so check local law or talk to an employment lawyer.

Why it matters

Background checks help confirm that what a candidate told you is true. For some jobs, such as roles with children, money or driving, a check may be required by law or by clients. For most other jobs, a simple check of past employment and references reduces the risk of a bad hire.

Done badly, checks can cause problems. They can delay start dates, put off good candidates, or lead to unfair decisions if the results are used for things that have nothing to do with the job.

How it works

A typical background check runs alongside the final stages of hiring:

• The company decides which checks each role needs, and writes this down in a policy.
• The candidate is told what will be checked and gives consent where required.
• A screening provider or HR team carries out the checks.
• Results are reviewed against the needs of the role, not used as a general judgment.
• If a result could lead to a withdrawn offer, the candidate gets a chance to respond, as many laws require.

Example: A healthcare staffing firm needs nurses to start quickly. When an offer is accepted in its applicant tracking system, the consent form and screening request go out the same day. The new hire completes their right to work check and other tasks in its preboarding software while the background check runs, so the start date does not slip.

Best practices

• Only check what is relevant to the job, and use the same checks for everyone in that role.
• Tell candidates early in the process that checks will happen.
• Get written consent before running checks where the law requires it.
• Store results securely and limit who can see them.
• Start checks right after the offer so they finish before the first day.

Common mistakes

• Running checks without proper consent or disclosure.
• Searching a candidate's social media in a way that reveals protected information.
• Rejecting someone based on a result without letting them explain or correct it.
• Keeping background reports long after they are needed, against employee data privacy rules.

FAQ

How long does an employment background check take?

Simple checks can take a day or two. Checks that involve other countries, schools or courts can take several weeks. Starting as soon as the offer is accepted is the best way to avoid delays.

Can an employer do a background check without consent?

In many places, no. Laws often require that the candidate is told about the check and agrees to it, especially when an outside screening company is used. Check the rules where the candidate lives and works.

What is the difference between a background check and a reference check?

A reference check means talking to people who worked with the candidate. A background check is broader and can include records like education, licenses and criminal history. A reference check is often one part of a background check.