{"id":4741,"date":"2016-04-04T10:47:41","date_gmt":"2016-04-04T15:47:41","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/smallbusiness\/employment-law-and-human-resources\/performing-an-employee-background-check.html"},"modified":"2026-09-01T11:52:56","modified_gmt":"2026-09-01T16:52:56","slug":"performing-an-employee-background-check","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/employment-law-and-human-resources\/performing-an-employee-background-check.html","title":{"rendered":"How To Conduct a Background Check Legally"},"content":{"rendered":"\n
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How To Conduct a Background Check Legally<\/h1>\n\n
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\n By Catherine Hodder, Esq.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
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Editorial Note: We earn a commission from affiliate partner links on FindLaw. Commissions do not affect the editorial integrity of our legal content.<\/p>\n\n <\/div>\n \n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

An employee background check is a process employers use to verify a job applicant’s history and qualifications, helping ensure they are a good fit and do not pose a risk to the business. While essential for making informed hiring decisions, the background screening<\/span> process is heavily regulated. Employers must comply with federal, state, and local laws to avoid significant legal liability. These include the Fair Credit Reporting Act<\/span> (FCRA<\/span>) and anti-discrimination laws enforced by the Equal Employment Opportunity Commission<\/span> (EEOC<\/span>). Because rules can vary significantly between states and even cities, it is crucial to understand the laws that apply to your business location.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

This guide outlines the steps and legal requirements<\/span> for conducting employment background checks<\/span> safely and effectively. To learn more about best practices for avoiding liability when hiring employees, see FindLaw’s The Hiring Process<\/span><\/a>\u200b section or consult a local employment law attorney<\/a>.<\/p>\n

Before You Begin: Establish a Consistent and Relevant Policy<\/h2>\n

Before you check a single record, your first step should be creating a clear, written background check policy. To avoid discrimination claims<\/a>, you must apply your screening process consistently for a specific role. For example, if you require a credit check<\/span> for an accounting position, you should require it for all candidates applying for that role, not just some.<\/p>\n

Step 1: Decide What Information To Check<\/h2>\n

Depending on the role and your company policy, a background check can include a wide range of information. Always make sure the inquiry relates directly to the job’s duties. Common records can be grouped into several categories:<\/p>\n