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A background check or background investigation is the process of looking up and compiling criminal records, commercial records and financial records (in certain instances such as employment screening) of an individual.
Background checks are often requested by employers on job candidates, especially on candidates seeking a position that requires high security or a position of trust, such as in a school, hospital, financial institution, airport, and government. These checks are traditionally administered by a government agency for a nominal fee, but can also be administered by private companies. Results of a background check typically include past employment verification, credit score, and criminal history.
These checks are often used by employers as a means of objectively evaluating a job candidate's qualifications, character, fitness, and to identify potential hiring risks for safety and security reasons. Background check is also used to thoroughly investigate potential government employees in order to be given a security clearance. However, these checks may sometimes be used for illegal purposes, such as unlawful discrimination (or employment discrimination), identity theft, and violation of privacy.
Pre-employment screening
Pre-employment screening refers to the process of investigating the backgrounds of potential employees and is commonly used to verify the accuracy of an applicant's claims as well as to discover any possible criminal history, workers compensation claims, or employer sanctions.
Screening applications in the UK
A number of annual reports, including BDO Stoy Hayward's Fraudtrack 4 and CIFAS's (the UK's fraud prevention service) 'The Enemy Within' have showed a rising level of major discrepancies and embellishments on CVs over previous years. Such business fraud cost United Kingdom businesses $1.4 billion in 2005..
Almost half (48%) of organizations with fewer than 100 staff experienced problems with vetted employees.
Thirty-nine percent of UK organizations have experienced a situation where their vetting procedures have allowed an employee to be hired who was later found to have lied or misrepresented themselves in their application.
Since the onset of the Financial crisis of 2007–2010, the level of fraud has almost doubled and some experts have predicted that it will escalate further. Annual research by Powerchex has also shown that the number of applicants lying on their applications has been increasing steadily since the summer of 2007 when the financial crisis of 2007–2010 began. As of August 2009, nearly one in 5 applicants have major lie or discrepancy on their application.
The market
Larger companies are more likely to outsource than their smaller counterparts – the average staff size of the companies who outsource is 3,313 compared to 2,162 for those who carry out in-house checks.
Financial services firms had the highest proportion of respondents who outsource the service, with over a quarter (26%) doing so, compared to an overall average of 16% who outsource vetting to a third party provider.
The construction and property industry showed the lowest level of outsourcing, with 89% of such firms in the sample carrying out checks in-house, making the overall average 16%. This can increase over the years.
Types of checks
- Employment References
- Education Verification - School grades, degree and any professional qualifications obtained
- Character Reference Check
- Gaps in employment history
- Identity and Address Verification - whether the applicant is who he or she claims to be. Generally includes verification of the candidate’s present and previous addresses. Can include a money laundering, identity and terrorist check and one to verify the validity of passports.
- Whether an applicant holds a directorship
- Credit History - bankruptcies
- Criminal History Report
Regulation
The Financial Services Authority states in their Training & Competence guidance that regulated firms should have:
- Adequacy of procedures for taking into account knowledge and skills of potential recruits for the role
- Adequacy of procedures for obtaining sufficient information about previous activities and training
- Adequacy of procedures for ensuring that individuals have passed appropriate exams or have appropriate exemptions
- Adequacy of procedures for assessing competence of individuals for sales roles
The Financial Services Authority’s statutory objectives:
- Protecting consumers
- Maintaining market confidence
- Promoting public awareness
- Reducing financial crime
The FCRA (Fair Credit Reporting Act) is the most important regulation governing background screening.
Pre-employment screening in the U.S.
Laws
Due to the sensitivity of the information contained in consumer reports and certain records, there are a variety of important laws regulating the dissemination and legal use of this information. Most notably, the Fair Credit Reporting Act (FCRA) regulates the use of consumer reports (which it defines as information collected and reported by third party agencies) as it pertains to adverse decisions, notification to the consumer or applicant, and destruction and safekeeping of records.
If a consumer report is used as a factor in an adverse hiring decision, the consumer must be presented with a “pre-adverse action disclosure,” a copy of the FCRA summary of rights, and a “notification of adverse action letter.” Consumers are entitled to know the source of any information used against them including a credit reporting company. Consumers must also consent in order for the employer to obtain a credit report.
Florida Law
Florida House Bill H0775, passed in 1999, provides protection for employers from negligent hiring liabilities, provided they attempt to conduct certain screening procedures. Employers who follow these steps will be presumed not to have been negligent when hiring if a background check fails to reveal any records on an applicant. These steps are:
- Ordering a Florida state criminal record check
- Taking reasonable efforts to contact an applicants past employers
- Asking the applicant on the application if they have been convicted of a crime, date of crime and penalty imposed
- Asking the applicant on the application if they were the defendant in a civil action for intentional tort
- A driving record must be ordered if it is relevant to the performed work
- The employer must interview the applicant
Types of checks
There are a variety of types of investigative searches that can be used by potential employers. Many commercial sites will offer specific searches to employers for a fee. Services like these will actually perform the checks, supply the company with adverse action letters, and ensure compliance throughout the process. It is important to be selective about which pre-employment screening agency you use. A legitimate company will be happy to explain the process to you.
Many employers choose to search the most common records such as criminal records, driving records, and education verification. Other searches such as sex offender registry, credential verification, skills assessment, reference checks, credit reports and Patriot Act searches are becoming increasingly common. Employers should consider the position in question when determining which types of searches to include, and should always use the same searches for every applicant being considered for one position.
Reasons
They are frequently conducted to confirm information found on an employment application or résumé/curriculum vitae. One study showed that half of all reference checks done on prospective employees differed between what the job applicant provided and what the source reported. They may also be conducted as a way to further differentiate potential employees and pick the one the employer feels is best suited for the position. As workplace violence becomes more of an issue and other serious concerns since the September 11, 2001 terrorist attacks, employers are becoming more concerned about the people they hire. Employers have an obligation to make sure their work environment is safe for all employees and helps prevent other employment problems in the workplace.
In the United States, the Brady Bill requires criminal checks for those wishing to purchase handguns from licensed firearms dealers. Restricted firearms (like machine guns), suppressors, explosives or large quantities of precursor chemicals, and concealed weapons permits also require criminal checks.
Checks are also required for those working in positions with special security concerns, such as trucking, ports of entry, and airports (including airline transportation). Other laws exist to prevent those who do not pass a criminal check from working in careers involving the elderly, disabled, or children.
Possible information included
The amount of information included on a background check depends to a large degree on the sensitivity of the reason for which it is conducted—e.g., somebody seeking employment at a minimum wage job would be subject to far fewer requirements than somebody applying to work for a law enforcement agency such as the FBI or jobs related to national secu
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