Legal QuestionBackground searches are generally used by employers to help assist them in determining whether or not a candidate is fit for the job.  Background searches also help companies screen out unfavorable job applicants.

Even though employers are permitted to conduct background searches, these background searches are subject to certain limitations and must be legal.  This means that your permission is required before your employer may obtain your information.

Types of Records That May Be Searched During a Background Search:

The types of information that may be included in a background search include the following:

  • Driving records
  • Credit records
  • Criminal records
  • Social Security number
  • Education records
  • Employment Records
  • Court records
  • Workers' compensation
  • Bankruptcy
  • Medical records
  • Property ownership
  • Military records
  • Past employers
  • Personal references
  • Incarceration records
  • Sex offender lists

Information Considered Confidential and Requires Consent:

An employer must obtain a potential employee’s consent before acquiring certain records.  These records include the following:

  • Education records
  • Military service records
  • Medical records

Moreover, an employer may not discriminate against a potential employee based on their age, sex, race and marital status.

Keep in mind that State laws regarding privacy rights for employees may vary.

Click to speak to a qualified Background Check Attorney in your area.

How Can an Employment Lawyer Help?

An employment lawyer can answer any questions you may have about how a background check might affect your chances for a job.  Some other ways an Employment lawyer may be able to assist you include:

  • Educate you on state and federal laws concerning employment-related matters
  • Review the merits of your complaint
  • Advise you regarding the course of action you should take
  • Advise you whether to settle your case or litigate in court
  • Help you protect yourself against additional employment dispute claims

Hope this information was helpful!