How to Check Someone’s Background Legally

Conducting a background check is a crucial step in many important decisions, whether you’re hiring an employee, screening a potential tenant, or verifying someone’s credentials for business purposes. However, navigating the legal requirements while obtaining accurate information can feel overwhelming.

What You’ll Accomplish

By following this comprehensive guide, you’ll learn how to conduct thorough, legally compliant background checks that provide the information you need while protecting both your interests and the subject’s rights. You’ll understand the proper procedures, legal requirements, and best practices for background screening.

Who This Guide Is For

This guide is designed for:

Employers and HR professionals screening job candidates
Landlords and property managers vetting potential tenants
Small business owners checking partners or contractors
Individual consumers verifying personal or professional contacts
Volunteer organizations screening volunteers

What You’ll Need

To conduct a proper background check, you’ll need:

Written consent from the person being screened
Basic identifying information (full name, date of birth, Social Security number)
A clear understanding of your purpose for the background check
Access to a reputable background screening service
Knowledge of applicable federal, state, and local laws

Before You Start

Prerequisites

Before initiating any background check, ensure you have:

1. Legal authority or legitimate business need to conduct the screening
2. Proper consent from the individual being screened
3. Understanding of applicable laws including the Fair Credit Reporting Act (FCRA)
4. Clear policies outlining your background check procedures

Preparation Steps

Step 1: Define Your Screening Purpose
Clearly identify why you need the background check. Different purposes may require different types of searches and have varying legal requirements. Common purposes include:

Employment screening
Tenant screening
Volunteer screening
Business partnership verification

Step 2: Understand Legal Requirements
Research federal, state, and local laws that apply to your situation. The FCRA governs most background checks, but additional regulations may apply based on your location and industry.

Step 3: Develop Written Policies
Create clear, documented procedures for your background check process. This helps ensure consistency and legal compliance.

Information to Gather

Collect the following information from the subject:

Full legal name (including any aliases or maiden names)
Date of birth
Social Security number
Current and previous addresses
Phone number and email address

Step-by-Step Process

Step 1: Obtain Written Consent

For Employment Purposes:

Provide a standalone disclosure document explaining you may obtain consumer reports
Obtain written authorization before ordering any reports
Ensure the consent form complies with FCRA requirements

For Other Purposes:

Clearly explain the purpose of the background check
Obtain explicit written permission
Document the consent for your records

Step 2: Choose a Reputable Background Check Provider

Select a screening service that offers:

FCRA compliance
Accurate, up-to-date information
Comprehensive reporting options
Clear documentation and audit trails
Responsive customer support

Recommended Features to Look For:

Real-time database access
Court record searches
Criminal history checks
Employment and education verification
reference checks
identity verification

Step 3: Determine the Scope of Your Search

Based on your needs and legal requirements, decide which searches to include:

Basic Package Typically Includes:

Social Security number verification
Address history
Criminal records search (county, state, federal)
Sex offender registry check

Enhanced Searches May Include:

Employment history verification
Education verification
Professional license checks
Credit history (with additional FCRA requirements)
Driving records
Civil court records

Step 4: Submit the Background Check Request

When using a professional service:

1. Create an account with your chosen background check provider
2. Enter the subject’s information accurately and completely
3. Select the appropriate search packages
4. Upload consent documentation
5. Review and submit your request
6. Pay applicable fees

Step 5: Review the Results

Once you receive the background check report:

1. Verify accuracy of personal information
2. Review all sections carefully
3. Note any red flags or areas of concern
4. Check for completeness of requested searches
5. Document your review for compliance purposes

Step 6: Take Appropriate Action

Based on your findings:

If Results Are Clear:

Proceed with your intended action (hiring, leasing, etc.)
Maintain records according to legal requirements

If Issues Are Found:

Follow pre-adverse action procedures if required by FCRA
Allow the subject to dispute or explain findings
Make decisions based on job-relatedness and business necessity
Document your decision-making process

Tips for Success

Expert Recommendations

1. Start Early
Begin the background check process as soon as possible. Results can take 1-5 business days, and additional time may be needed if issues arise.

2. Be Consistent
Apply the same screening criteria to all similar candidates or situations. This helps ensure fairness and legal compliance.

3. Focus on Job-Related Criteria
Only consider information that’s directly relevant to the position or decision you’re making.

4. Maintain Confidentiality
Limit access to background check results to only those who need the information for legitimate business purposes.

Time-Saving Tips

Batch multiple requests when screening several candidates
Use integrated platforms that combine multiple search types
Prepare standard forms and procedures in advance
Train staff on proper procedures to avoid delays

Quality Improvements

Verify information with the subject before ordering searches
Use multiple search methods when accuracy is critical
Follow up on incomplete results rather than making assumptions
Regular review and update your screening procedures

Common Mistakes

What to Avoid

1. Conducting Searches Without Proper Consent
Never run background checks without explicit written permission. This violates privacy laws and can result in significant legal liability.

2. Using Consumer-Grade Search Tools for Employment
Basic online search tools don’t meet FCRA requirements for employment screening. Always use professional-grade services for business purposes.

3. Blanket Disqualification Policies
Automatically rejecting all candidates with any criminal history can violate Equal Employment Opportunity Commission (EEOC) guidelines.

4. Inadequate Record Keeping
Failing to properly document your screening process and decisions can create legal vulnerabilities.

How to Fix Errors

If You Discover Inaccurate Information:

Contact your screening provider immediately
Request correction or re-verification
Don’t make decisions based on questionable data
Allow subjects to provide clarifying information

If You’ve Violated Procedures:

Stop the current process
Consult with legal counsel if necessary
Correct procedures going forward
Consider whether notification or remediation is required

Troubleshooting

Common Issues and Solutions:

Incomplete Results:

Verify subject information is accurate and complete
Consider additional search locations or methods
Allow extra time for complex searches

Conflicting Information:

Cross-reference multiple sources
Request additional documentation from the subject
Use professional verification services

Legal Considerations

Compliance Requirements

Fair Credit Reporting Act (FCRA):

Applies to most employment and tenant screening
Requires specific disclosure and consent procedures
Mandates pre-adverse action and adverse action processes
Establishes rights for subjects to dispute information

Equal Employment Opportunity Commission (EEOC) Guidelines:

Prohibit discriminatory screening practices
Require individualized assessment of criminal history
Mandate job-relatedness of screening criteria

State and Local Laws:

May impose additional restrictions on background checks
Can limit types of information that may be considered
May require specific procedures or waiting periods

Rights and Obligations

Your Rights:

Conduct reasonable background checks for legitimate business purposes
Make decisions based on accurate, relevant information
Protect your business interests through proper screening

Your Obligations:

Follow all applicable laws and regulations
Treat all subjects fairly and consistently
Maintain confidentiality of personal information
Provide required notices and opportunities for dispute

Subject’s Rights:

Receive proper disclosure before screening
Dispute inaccurate information
Receive copies of reports used in adverse decisions
Have criminal history considered individually

Documentation Needs

Maintain comprehensive records including:

Consent forms and disclosures
Background check reports
Decision-making documentation
Correspondence with subjects
Compliance training records

Next Steps

What to Do After Completing Background Checks

1. Implement Decisions
Move forward with hiring, leasing, or other decisions based on your screening results and established criteria.

2. Maintain Records
Store all documentation according to legal requirements, typically 3-7 years depending on your industry and location.

3. Monitor Compliance
Regularly review your procedures to ensure continued legal compliance and effectiveness.

4. Train Staff
Ensure all personnel involved in screening understand proper procedures and legal requirements.

Related Processes

Reference checks for additional verification
Social media screening with appropriate limitations
Ongoing monitoring for certain high-risk positions
International background checks for global operations

Additional Resources

FCRA compliance guides
EEOC technical assistance documents
State-specific screening law summaries
Industry best practice guidelines

FAQ

Q: How long does a background check typically take?
A: Most background checks are completed within 1-5 business days. However, timeframes can vary based on the scope of searches, court availability, and the need for manual verification of information.

Q: Can I run a background check on someone without their knowledge?
A: No, federal and state laws require written consent before conducting background checks for employment or tenant screening purposes. Limited public record searches may be permissible for some purposes, but proper consent is always the safest approach.

Q: What’s the difference between criminal records and criminal history?
A: Criminal records include arrests, charges, and court proceedings, while criminal history typically refers to actual convictions. The availability and use of this information varies by jurisdiction and purpose.

Q: How far back do background checks go?
A: This varies by state law and the type of search. Some states limit reporting of certain information to 7-10 years, while serious felonies may be reportable indefinitely. Always check applicable laws for your situation.

Q: What should I do if the background check reveals concerning information?
A: Follow your established procedures for adverse action. For employment, this typically means providing pre-adverse action notice, allowing time for dispute, and then making an individualized decision based on job-relatedness and business necessity.

Conclusion

Conducting proper background checks requires careful attention to legal requirements, procedural consistency, and respect for individual rights. By following this comprehensive guide, you’ll be equipped to make informed decisions while maintaining full legal compliance.

The key to successful background screening lies in preparation, proper procedures, and partnering with reliable service providers who understand the complexity of modern background check requirements.

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