What Are Employers Checking for in Your Background?

When applying for a new job, a possible part of the hiring process can be a background check. For many applicants, this stage can feel intimidating or invasive, but it doesn’t have to be. 

Background checks are a routine part of the hiring process used by employers to verify information and assess whether a candidate is a good fit for the role.

You may feel anxious even if you haven't done anything that could jeopardize your chances of getting hired. These are genuine concerns, especially in this digital era of cybercrimes such as identity theft. You may never know if someone has stolen your personal information and used it to commit unlawful acts. Unfortunately, some people learn about this after a background check with a potential employer.

At Morgan & Morgan, we believe that every job seeker deserves to understand their rights and what’s being reviewed in a background check. 

Below is everything you need to know: what background checks are, what they typically include, how employers use them, and the legal protections in place for applicants and employees.

What Is a Background Check?

A background check is a process used by employers to verify the identity, history, and qualifications of a job applicant. These checks are designed to protect the workplace, ensure public safety, and avoid negligent hiring lawsuits. Employers may use background checks to confirm details such as criminal history, employment history, educational credentials, and more.

Background checks serve several purposes, including:

• Risk mitigation: Employers want to avoid hiring someone who could pose a threat to coworkers, clients, or the company’s reputation.
• Credential verification: Employers need to ensure the applicant’s work and education history are accurate.
• Regulatory compliance: Certain industries (healthcare, finance, education) are legally required to run background checks for specific roles.
• Assessing integrity and trustworthiness: For positions involving sensitive data, finances, or vulnerable populations, employers prioritize trust.
  
   

What Employers Look for in a Background Check

The contents of a background check can vary based on the employer, industry, and position. However, most background checks include the following elements:

Criminal History

This is one of the most common and sensitive aspects of a background check. Employers often look for:

• Felony and misdemeanor convictions
• Arrest records (in some states, this is restricted)
• Pending criminal cases
• Sex offender registry status
• History of violence or theft
   

The Equal Employment Opportunity Commission (EEOC) advises that employers cannot use criminal history alone to disqualify applicants without considering the nature of the crime, how long ago it occurred, and whether it’s relevant to the job.

Employment History

Employers typically verify:

• Previous employers
• Job titles
• Dates of employment
• Reason for leaving

Discrepancies in this area, especially fabricated roles or employment gaps, can raise red flags. However, some minor date mismatches may be overlooked.

Education Verification

This includes checking:

• Degrees or certifications earned
• Institutions attended
• Graduation dates

Some jobs, especially in healthcare, finance, or engineering, require verification of specific credentials or licenses.

Credit History (in Certain Roles)

For positions involving financial responsibility or access to company funds, employers might run a credit check. They typically review:

• Outstanding debts
• Bankruptcy filings
• Credit utilization
• Payment history
   

Notably, credit checks for employment purposes are regulated and, in some states, limited or prohibited except under specific conditions.

Driving Records

This is relevant for jobs involving driving or operating company vehicles. Employers may look for:

• Valid driver’s license status
• DUI convictions
• Traffic violations
• Points on your license
  
   

Drug Testing

While technically separate from a background check, many employers include drug screening as part of pre-employment screening.

Social Media and Online Activity

Some employers may look at your online presence to get a sense of your personality or judgment. While this practice is controversial and not always part of a formal background check, it’s increasingly common.

Professional Licenses

If a job requires a license (nursing, teaching, law), employers will confirm the license’s validity, status, and any disciplinary actions.

Civil Records

Employers might also look into:

• Lawsuits involving the applicant
• Judgments or liens
• Restraining orders or legal settlements
  
   

How Far Back Do Background Checks Go?

The time period covered by a background check varies depending on the type of information and local laws.

• Criminal history: In most states, background checks go back 7 years, although some states allow for longer periods.
• Employment and education: These can go back as far as necessary to verify your history.
• Credit history: Credit reports used for employment typically go back 7 years, though bankruptcy information can appear for up to 10 years.
  
   

Legal Rights of Job Applicants and Employees

It’s important to remember: background checks are not a free-for-all. Both federal and state laws provide applicants with several rights and protections during the background check process.

Consent Is Required

Under the Fair Credit Reporting Act (FCRA), employers must obtain your written permission before conducting a background check using a third-party screening company. This consent must be:

• In writing
• Presented clearly and separately (not buried in fine print)

You Have the Right to Know What’s in the Report

If an employer decides not to hire you based on the background check, they must provide you with:

• A pre-adverse action notice including a copy of the report
• A summary of your rights under the FCRA
• A chance to review and dispute the findings

This process ensures that you can correct any inaccuracies or explain any context.

You Have the Right to Dispute Inaccuracies

Background checks often contain errors, such as incorrect criminal records or outdated information. Under the FCRA, you can contact the screening company to correct these inaccuracies. The company must investigate and respond, usually within 30 days.

Protection Against Discrimination

Employers cannot use background checks to discriminate based on:

• Race
• Color
• National origin
• Sex
• Religion
• Disability
• Genetic information
• Age (40 or older)
   

Additionally, the EEOC has issued guidance requiring employers to assess whether a criminal record is job-related and consider the applicant’s circumstances before denying employment.

Ban-the-Box Laws

Many states and cities have adopted “ban-the-box” laws, which prohibit employers from asking about criminal history on a job application. These laws are designed to prevent immediate disqualification of applicants with a criminal record before they have a chance to demonstrate their qualifications.

State-Specific Protections

Some states go further in protecting applicants. For example, in California, limits how far back an employer can consider convictions and restricts the use of certain information. New York requires employers to show that a criminal offense is directly related to the job or poses an unreasonable risk before denying employment, while Illinois enforces the Illinois Human Rights Act, which limits the use of conviction records.
 

Always check your state’s specific laws to know your full rights.

What Happens If You Fail a Background Check?

“Failing” a background check isn’t always cut and dry. Here's what might happen:

Adverse Action Notice

If an employer decides not to move forward, they are required by law to give you notice and a copy of the report. This gives you an opportunity to dispute any inaccuracies, explain mitigating factors, and provide updated information.

 

Opportunity for Discussion

Some employers may be open to discussion, especially if the offense is old or irrelevant to the position. It never hurts to be proactive. If you know something might appear, bring it up early.

State Legal Remedies

If you believe you were discriminated against based on background information, you may have grounds for legal action. This could include filing a complaint with the EEOC or your state’s labor board or seeking legal representation.

How to Prepare for a Background Check

Whether you're actively applying for jobs or just planning ahead, here’s how to prepare:

Run a Background Check on Yourself

Many third-party services allow individuals to run background checks on themselves. This gives you the opportunity to:

• Spot and correct errors
• See what employers might see
• Prepare an explanation if needed
  
   

Request a Free Credit Report

You’re entitled to a free annual credit report from each of the three major credit bureaus (Equifax, Experian, and TransUnion). Visit AnnualCreditReport.com to access your reports.

Gather Documentation

If there are old criminal records, credit issues, or gaps in employment, gather documents to explain the situation. Employers appreciate honesty and transparency.

Clean Up Your Online Presence

Remove inappropriate posts, update your LinkedIn profile, and ensure your digital footprint reflects your professionalism.

Morgan & Morgan Can Help

Background checks are a standard part of today’s hiring process, but they must be conducted fairly, lawfully, and transparently. Knowing what to expect, how to prepare, and what your rights are can go a long way in ensuring you’re treated justly.

If you believe your background check was used unfairly or that your rights under the FCRA or state laws were violated, you may have legal recourse. At Morgan & Morgan, we’ve fought for countless individuals facing employment discrimination, privacy violations, and inaccurate reporting. We understand how a single mistake or misreporting can derail a promising career, and we’re here to help.

Whether you were denied a job due to an outdated or incorrect background check, or your employer failed to follow the proper legal process, our experienced attorneys can evaluate your case and help you understand your options. 

If you’ve experienced discrimination or unfair treatment due to a background check, don’t stay silent. Contact Morgan & Morgan today for a free, confidential case evaluation. 

Frequently Asked Questions

Can I be denied employment based on a background check?

Yes, but only under lawful conditions. Employers can choose not to hire you based on certain results from a background check, but they must follow legal procedures and ensure the decision is not discriminatory.

For instance, a prior conviction for theft might be relevant for a bank teller job, but not necessarily for a warehouse position. Employers must weigh the nature of the offense against the responsibilities of the job.

Are employee background checks mandatory?

Under most circumstances, employers are not required to conduct background checks on potential employees. However, this usually depends on factors such as the specific industry.
 

In most cases, background checks may be required for individuals who want to work in the following fields:

Healthcare

The healthcare field involves a lot of risks and responsibilities. Besides accessing a patient's confidential information, healthcare workers must also conduct themselves professionally around patients. Background checks in this field can help prevent crimes such as identity theft.

Education

The education field is broad, and so are the reasons for conducting background checks on individuals working in this field. Because students learn from their teachers, schools must ensure that their teachers have good morals.

Law

Law practitioners have a lot of responsibilities, which mostly revolve around interpreting the law and helping people obtain justice. When interpreting or enforcing the law, these individuals usually have access to confidential information. For this reason, background checks help ensure that these individuals can be trusted with such information, usually based on their conduct.

Finance

The need for background checks in the finance sector is self-explanatory. Individuals working in this sector usually have access to confidential information, including finances. As a result, the importance of background checks in this field should never be overlooked.

Back to the issue of whether background checks are mandatory, it all depends on the policies of that particular employer and the job industry. Although it may not be mandatory in most cases, employers require potential employees to get background checks because of the risks involved when they hire individuals who shouldn't be working in that field in the first place.

Can I sue for failure to conduct a background check?

Yes, you can sue an employer for failing to conduct a background check. Below are different legal grounds for proceeding with such a lawsuit.

Physical Assault by an Employee

As discussed earlier, an employee's criminal record is one of the things potential employers look at before deciding whether or not to hire a particular individual.

Suppose the employer fails to conduct a background check on an employee, and the employee ends up assaulting a coworker, client, or any other member within the organization while on duty. In that case, an experienced attorney will examine whether such an assault could have been prevented. In this example, the attorney will likely establish that the assault could have been prevented.

The employee responsible for the assault shouldn't have been working in the company in the first place if they had a criminal record that made him a threat to others. But since the employer was negligent, this individual was able to pass through the cracks and secure employment with the company.

Incompetence or Negligence by an Employee

By now, you know that personal credentials and certifications are some of the things that appear in an employment background check. These results can help verify the job seeker's qualifications. But that's not all; they also help ensure that, if hired, that individual understands what is required of them.

A good example is when a hospital hires a doctor without performing a background check on them. We all know that the medical field has no room for errors. This is because some errors can lead to devastating effects, such as death.

Using the doctor as an example, let's say they prescribe the wrong medication to a particular client. The doctor could face criminal charges if the medication harms the client or kills them. They can also be sued for negligence.

On the other hand, if it's discovered that the hospital did not conduct a background check on the doctor, they could also carry a fair share of responsibility, or even greater. This is because failure to conduct a background check on such employees amounts to negligence. Therefore, the patient was harmed or died due to the hospital's negligence.

Do I have a case against an employer?

If you feel that an employer acted negligently by failing to conduct a background check, causing you or your loved one immense harm, you may have a case against them. That said, an experienced attorney can help determine the validity of your case.

At Morgan and Morgan, we will review your case for free. All you need to do is fill out our free case evaluation form. One of our legal representatives will review the specifics of your case to determine whether you might be able to take legal action against an employer.