To get a background check, confirm you have a legally permissible reason to run one, collect the subject’s identifiers and written consent on a standalone disclosure form, and order the report from a private screening company, a state criminal repository, or the FBI. How to get a background check is governed primarily by the Fair Credit Reporting Act, and the steps below apply whether you are an employer, a landlord, or an individual requesting your own records.1Federal Trade Commission. Background Checks – What Employers Need to Know
Confirm You Have a Permissible Purpose
The FCRA only allows a consumer reporting agency to release a report to someone with a “permissible purpose.” The common ones are evaluating a person for credit, employment, insurance underwriting, or a housing application the consumer has initiated. Government agencies can also request reports for licensing or child support enforcement.2Office of the Law Revision Counsel. 15 USC 1681b – Permissible Purposes of Consumer Reports
If you are ordering your own report, you don’t need a permissible purpose. The FCRA lets a consumer reporting agency furnish a report based on the consumer’s own written instructions.2Office of the Law Revision Counsel. 15 USC 1681b – Permissible Purposes of Consumer Reports Ordering a report on someone else without a qualifying purpose can expose you to a private lawsuit under federal law.
Gather the Identifying Information
A screening company needs enough information to match records to the correct person. At a minimum, get the subject’s full legal name including middle name and any suffix, and their date of birth. A Social Security number is the most reliable identifier for matching across criminal databases, credit bureaus, and court systems. Previous residential addresses help locate county-level court records, where most criminal history data actually lives.
Get Written Consent the Right Way
For employment and tenant screening, the FCRA imposes a strict consent process. The person being screened must receive a clear, written disclosure that a background report may be obtained. This disclosure has to be a standalone document. It cannot be folded into a job application, a lease, or any other form. Once the disclosure is delivered, the person must give written authorization before you request any data.1Federal Trade Commission. Background Checks – What Employers Need to Know
The FCRA does not set an exact retention period for the signed consent form, but the statute of limitations for FCRA claims is five years, which is a sensible floor. If someone sues in year four and you shredded the form in year two, you have no proof the check was authorized. Most screening companies supply authorization forms with the required disclosures already built in.
Choose Where to Order the Report
Three main sources exist, and the right one depends on how deep and how specific the search needs to be.
- Private consumer reporting agencies. These companies pull from court records, credit bureaus, sex offender registries, and other public and private databases and package everything into one report. They offer the broadest coverage and are the standard choice for most employment and tenant screening. Fees typically range from about $20 to $100 depending on how many databases are searched and whether county court records are included.
- State criminal repositories. Every state maintains criminal history records through a state police agency or bureau of investigation. These searches cover offenses within that state and are commonly required for roles involving vulnerable populations. Fees generally run from about $25 to $75 or more for a name-based search.
- FBI Identity History Summary Check. The federal option. It draws on fingerprint data from law enforcement agencies nationwide and returns any criminal history tied to those fingerprints. The FBI check costs $18 per request and is often required for positions involving national security, child care, or financial management.3FBI. Identity History Summary Checks4Federal Bureau of Investigation. Identity History Summary Checks Frequently Asked Questions
Government repositories are considered the most authoritative source for criminal data, but private reporting agencies are faster and cover more ground in a single search. For most employers, a private screening company supplemented by a state or FBI check when the role requires it is the practical setup.
Submit the Request
Most background checks go through secure online portals. You create an account with a verified screening provider, enter the subject’s information, upload the signed consent form, and submit. Database results from private agencies can come back within minutes. County court searches involve an actual records lookup and typically take three to five business days.
For an FBI Identity History Summary Check, you can submit electronically through the FBI’s online portal or mail a paper request to the FBI’s Criminal Justice Information Services Division. Electronic submissions require fingerprinting at a participating U.S. Post Office location, and additional Post Office fees may apply.4Federal Bureau of Investigation. Identity History Summary Checks Frequently Asked Questions Paper submissions need a completed fingerprint card, the $18 payment by money order or certified check, and the correct mailing address. Sending to the wrong address can delay processing by weeks or result in lost personal information.
Read the Report and Know What Can Appear
A typical private report is divided into sections: criminal history (felony and misdemeanor records), civil court records, and often a financial section covering credit information and collections. Driving records show up when relevant to the position.
The FCRA caps how far back most negative information can be reported by private consumer reporting agencies. These limits do not apply to reports you receive directly from the FBI or a state repository.
- Criminal convictions: no time limit; can be reported indefinitely.5Office of the Law Revision Counsel. 15 USC 1681c – Requirements Relating to Information Contained in Consumer Reports
- Arrests that did not lead to a conviction: seven years from the date of arrest.5Office of the Law Revision Counsel. 15 USC 1681c – Requirements Relating to Information Contained in Consumer Reports
- Civil suits and judgments: seven years from the date of entry, or until the statute of limitations expires, whichever is longer.5Office of the Law Revision Counsel. 15 USC 1681c – Requirements Relating to Information Contained in Consumer Reports
- Bankruptcies: ten years from the date of the bankruptcy order.5Office of the Law Revision Counsel. 15 USC 1681c – Requirements Relating to Information Contained in Consumer Reports
- Paid tax liens: seven years from the date of payment.5Office of the Law Revision Counsel. 15 USC 1681c – Requirements Relating to Information Contained in Consumer Reports
- Collection accounts: seven years.5Office of the Law Revision Counsel. 15 USC 1681c – Requirements Relating to Information Contained in Consumer Reports
The conviction exception surprises people. A felony from 25 years ago can still appear on a private screening report because the FCRA specifically exempts conviction records from the seven-year cutoff. Some states impose shorter reporting limits that override the federal rule, so the answer depends on where the check is being run and for what purpose.
Follow the Adverse Action Process Before You Reject Anyone
If you plan to deny a job, promotion, or housing based even partly on what the report revealed, the FCRA requires a two-step adverse action process. Skipping either step is one of the most common FCRA violations and a frequent source of lawsuits.
Send the Pre-Adverse Action Notice
Before making a final decision, send the person a pre-adverse action notice that includes a copy of the background report you relied on and a copy of “A Summary of Your Rights Under the Fair Credit Reporting Act.” The screening company that supplied the report should provide this summary.6Federal Trade Commission. Using Consumer Reports – What Employers Need to Know The point is to give the person a chance to review the report and flag any errors before you finalize. The FCRA does not specify a waiting period, but standard practice is at least five business days.
Send the Final Adverse Action Notice
After the waiting period, if you go through with the adverse action, send a final notice. It must include the name, address, and phone number of the screening company that supplied the report, a statement that the screening company did not make the decision, and a notice that the person can dispute the report’s accuracy and request a free copy of it within 60 days.6Federal Trade Commission. Using Consumer Reports – What Employers Need to Know You can deliver the final notice in writing, electronically, or orally, though written delivery is the safer record.
Handle Criminal Records Carefully
Finding a criminal record on a report does not automatically justify rejecting the applicant. Employers who use criminal history as a blanket disqualifier risk violating Title VII of the Civil Rights Act, because the EEOC has found broad criminal record exclusions can disproportionately affect certain racial and ethnic groups.
The EEOC expects an individualized assessment using the Green factors:
- The nature and gravity of the offense. A theft conviction weighs differently for a bank teller than for a landscaper.
- The time since the offense or completion of the sentence. A 15-year-old conviction carries less weight than one from last year.
- The nature of the job. The offense must actually relate to the duties and responsibilities of the position.7U.S. Equal Employment Opportunity Commission. Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII
Give the person a chance to add context: rehabilitation, post-conviction work history, character references, or the circumstances of the offense. Running a check and auto-rejecting anyone with a record is the fastest route to an EEOC complaint.7U.S. Equal Employment Opportunity Commission. Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII
Arrests that never led to a conviction deserve extra caution. The EEOC has stated that an exclusion based on an arrest alone is not job-related. An employer can consider the underlying conduct but not the arrest record itself as proof of anything.7U.S. Equal Employment Opportunity Commission. Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII
A separate constraint on timing: ban-the-box and fair chance laws restrict when an employer can ask about criminal history at all. The Fair Chance to Compete for Jobs Act bars federal agencies and federal contractors from requesting criminal history before extending a conditional offer.8Federal Register. Fair Chance To Compete for Jobs More than 37 states and over 150 cities and counties have their own versions for private employers, though coverage and thresholds vary. Check the rules that apply to your location before you build criminal history questions into an application.
Dispose of the Report Properly
Once you no longer need a background report, you cannot just throw it out. The FCRA’s Disposal Rule requires anyone holding consumer report information to dispose of it using reasonable measures that prevent unauthorized access. Shred or burn paper documents, and destroy or wipe electronic files so the data cannot be reconstructed.9eCFR. Part 682 – Disposal of Consumer Report Information and Records If you use a third-party destruction service, you remain responsible for monitoring their compliance.
This obligation reaches everyone who touched the data: employers, landlords, screening companies, and any HR staff who received a copy of the report during hiring. Improper disposal that leads to identity theft or unauthorized disclosure can trigger FTC enforcement and private lawsuits from the people affected.