Screen your team quickly and equitably

A background check is an investigation into the history of a potential employee. It typically covers things such as criminal records and employment and education history. It can also go deeper to include driving records, drug tests, a credit check, or even social media use. But it’s critical for employers to know when and how they are allowed to use this information.

Only certain industries such as healthcare, transportation, construction, and finance have mandatory background checks, and these laws vary by state. But using a background check service for employers is useful in understanding whether a candidate is a good fit, to verify their employment and education history, and to be aware of any potential red flags in a candidate’s past. Background checks can help employers mitigate risk, protect themselves from liability, and make more informed hiring decisions.

Typically Gusto and Checkr can complete a background check in 3-5 business days. But timing depends on how quickly the person provides their information, the turnaround time of the counties and agencies required to complete the report, and whether records have to be physically retrieved from agencies. If a background check is taking longer than expected, it’s most likely due to unexpected processing delays at county courts or motor vehicle records offices.

Yes, but broad background checks can eliminate potentially great employees due to minor criminal charges from decades ago. Rather than sweeping exclusions, Checkr gives you precision power to decide which types of results to exclude and which to manually review. And it’s important to remember that anything you do must be equitable—if you run a background check on one new employee, you must run the same check on all others for that position.

Yes. The Equal Employment Opportunity Commission (EEOC) requires you to alert people about a planned background check for a job before beginning the process. If you surprise them with a background report, they can report you to the Federal Trade Commission (FTC).

There are a few rules to remember before running a background check:

1. Tell the applicant or employee about the upcoming background check in writing. This notice must be separate from any other information you provide. It’s illegal to sneak a notice into an employment application, for example.
2. Get written permission to perform the background check. In most cases, this means having the potential employee sign the notice you provide. (Want to periodically check your employees’ backgrounds throughout their employment? You’ll need to tell them that, too.)

Some states limit the amount of time certain types of convictions can appear on a background check (the most common time frame is seven years). Some states restrict non-convictions from being reported at all. Many states have also enacted “Ban the Box” laws, which restrict employers from asking questions about criminal convictions on a job application. 

Because the laws surrounding employment background check services vary so much by state, it’s important to stay up to date with the regulations in your locality. Luckily, Checkr takes care of compliance for you and has powerful AI tools built in to filter out any information on which it’s illegal to make decisions. For more information on staying compliant, check out this guide on background check law in each state.