How to Run a Background Check: Step-by-Step Guide

Introduction

Running a background check is an essential process for making informed decisions about potential employees, tenants, business partners, or even personal connections. Whether you’re a landlord screening prospective tenants, an employer vetting job candidates, or an individual conducting due diligence, knowing how to run a comprehensive background check can protect you from costly mistakes and potential risks.

What You’ll Accomplish

By following this guide, you’ll learn how to:

Navigate the background check process from start to finish
Gather accurate and relevant information efficiently
Interpret background check results effectively
Ensure legal compliance throughout the process
Avoid common pitfalls that could compromise your screening efforts

Who This Guide Is For

This comprehensive guide serves:

HR professionals screening job candidates
Landlords and property managers vetting potential tenants
Small business owners checking potential partners or vendors
Individuals conducting personal due diligence
Anyone who needs to make informed decisions based on someone’s background

What You’ll Need

Before beginning, ensure you have:

The subject’s full legal name and any known aliases
Date of birth (month, day, and year)
Social Security number (when legally permissible)
Current and previous addresses
Written consent from the subject (required by law in most cases)
A clear understanding of your screening purpose and requirements

Before You Start

Prerequisites

Legal Authorization: Before running any background check, you must have a legitimate reason and, in most cases, written consent from the subject. Valid reasons include employment decisions, tenant screening, volunteer positions involving vulnerable populations, and other legally permissible purposes under the Fair Credit Reporting Act (FCRA).

Budget Planning: Background checks range from basic searches costing $10-30 to comprehensive reports costing $50-200+. Determine your budget and required scope beforehand to avoid unnecessary expenses.

Timeline Expectations: Most background checks take 1-3 business days for standard searches, though comprehensive checks involving multiple jurisdictions or specialized searches may take 5-10 business days.

Preparation Steps

1. Define Your Screening Criteria: Clearly outline what information you need. Common elements include:
– Criminal history (felonies, misdemeanors, or both)
– Employment verification
– Education verification
– Credit history
– Driving records
– Professional license verification
– Reference checks

2. Choose Your Screening Method: You have several options:
– Professional background check services (recommended)
– Government databases (limited access)
– Private investigators (expensive, for complex cases)
– In-house screening (time-consuming, requires expertise)

3. Establish Your Decision-Making Process: Develop clear criteria for how you’ll evaluate results. Will certain offenses be automatic disqualifiers? How will you weigh the relevance and age of findings?

Information to Gather

Create a checklist of required information:

Essential Information:

Full legal name (first, middle, last)
Date of birth
Current address
Social Security number (when permitted)

Additional Helpful Information:

Previous addresses (at least 7 years)
Previous names or aliases
Phone number and email address
Employment history
Educational institutions attended

Step-by-Step Process

Step 1: Obtain Proper Consent

For Employment Screening: Use a standalone consent form that clearly states the background check purpose. Include FCRA disclosures and obtain the candidate’s signature before proceeding.

For Tenant Screening: Include background check authorization in your rental application with clear language about the screening scope and costs.

Documentation: Keep signed consent forms for your records. These are crucial for legal compliance and may be needed if your decision is challenged.

Step 2: Choose a Reputable Background Check Service

Select a service that offers:

FCRA compliance and proper certifications
Coverage for your required search areas
Reasonable turnaround times
Clear, comprehensive reporting
Customer support for questions or issues

Professional services like BackgroundChecker.com provide user-friendly platforms with expert support and compliant processes, making them ideal for both occasional users and high-volume screeners.

Step 3: Input Subject Information

Accuracy Is Critical: Double-check all information before submitting. Incorrect names, dates, or Social Security numbers can result in incomplete or inaccurate reports.

Address History: Include all addresses where the subject lived during your screening timeframe. Criminal records are maintained at county and state levels, so comprehensive address history ensures you’re searching the right jurisdictions.

Step 4: Select Appropriate Search Components

Criminal History Searches:

County criminal searches (most comprehensive for local offenses)
State criminal searches (broader coverage, may have gaps)
Federal criminal searches (for federal crimes)
National criminal database searches (preliminary screening tool)

identity verification:

Social Security number verification
Address history confirmation
Alias and name variation searches

Additional Searches (as needed):

Employment verification
Education verification
Professional license checks
Credit reports (with separate FCRA compliance)
Motor vehicle records
Civil court records

Step 5: Submit and Track Your Request

Review Before Submitting: Confirm all information is accurate and you’ve selected appropriate search components.

Payment Processing: Most services require upfront payment. Keep receipts for your records.

Tracking: Note your confirmation number and expected completion date. Many services provide email updates on search progress.

Step 6: Receive and Review Results

Initial Review: Scan the report for completeness. Ensure all requested searches were conducted and returned results.

Detailed Analysis: Carefully review each section:

Verify the subject’s identity matches your request
Note any criminal findings, including charges, dispositions, and dates
Check employment and education verifications against provided information
Review any civil judgments or liens

Red Flags: Pay attention to:

Identity discrepancies
Recent criminal activity
Patterns of behavior
Incomplete or sealed records that may require additional investigation

Tips for Success

Expert Recommendations

Cast a Wide Net: Don’t rely on single-source searches. Combine multiple search types for comprehensive coverage. A national database search might miss recent local arrests, while a county search could miss crimes in other jurisdictions.

Understand Search Limitations: No background check is 100% complete. Court records may have delays, some records are sealed, and reporting varies by jurisdiction. Professional services often provide disclaimers explaining these limitations.

Consider Relevance: Focus on information relevant to your decision. A 15-year-old misdemeanor may be less relevant than recent employment gaps or educational discrepancies.

Time-Saving Tips

Bulk Processing: If screening multiple subjects, many services offer volume discounts and streamlined processes for bulk orders.

Template Creation: Develop standardized forms and processes to ensure consistency and efficiency in your screening program.

Automated Workflows: Some platforms offer automated ordering and result processing, reducing manual effort for high-volume users.

Quality Improvements

Verify Unusual Findings: If results seem inconsistent with your expectations, verify through secondary sources or additional searches.

Update Regularly: For ongoing relationships (employees, long-term tenants), consider periodic re-screening, especially for positions involving high trust or security.

Document Your Process: Maintain detailed records of your screening criteria, decisions, and rationale to ensure consistency and legal compliance.

Common Mistakes

What to Avoid

Insufficient Consent: Using generic authorization forms or failing to provide proper FCRA disclosures can create legal liability. Always use compliant, specific consent forms.

Incomplete Address History: Searching only current locations misses relevant records. Always gather and search comprehensive address history.

Ignoring Adverse Action Requirements: If you make negative decisions based on background check results, you must follow specific legal procedures, including providing copies of reports and dispute rights information.

All-or-Nothing Decisions: Automatically disqualifying candidates for any criminal history, regardless of relevance, may violate fair hiring guidelines and could constitute discrimination.

How to Fix Errors

Incorrect Information: If you discover errors in the subject information after ordering, contact your screening service immediately. Many can modify searches or provide refunds for unused portions.

Disputed Results: If subjects dispute report accuracy, direct them to the background check provider’s dispute process. Most reputable services have established procedures for investigating and correcting errors.

Incomplete Searches: If initial results seem incomplete, consider additional searches in specific jurisdictions or expanded timeframes.

Troubleshooting

No Records Found: This doesn’t necessarily mean no records exist. The subject may have lived in unsearched jurisdictions, have sealed records, or use name variations not included in your search.

Delayed Results: Court closures, high search volumes, or complex cases can cause delays. Contact your provider for updates and realistic timeframe estimates.

Confusing Results: Professional screening services typically offer customer support to help interpret complex or unclear findings.

Legal Considerations

Compliance Requirements

Fair Credit Reporting Act (FCRA): This federal law governs background checks for employment, housing, and other covered purposes. Key requirements include:

Obtaining proper consent before ordering reports
Providing adverse action notices if making negative decisions
Allowing subjects to dispute inaccurate information
Following specific procedures for adverse actions

State and Local Laws: Many jurisdictions have additional requirements, such as:

“Ban the box” laws limiting when criminal history can be considered
Salary history restrictions
Specific disclosure requirements
Enhanced privacy protections

Equal Employment Opportunity (EEO): Background check policies must comply with federal and state anti-discrimination laws. Consider factors like:

Job relevance of criminal history
Time elapsed since offenses
Evidence of rehabilitation
Consistent application of policies

Rights and Obligations

Subject Rights: Individuals have the right to:

Know when background checks are being conducted
Receive copies of reports used for adverse decisions
Dispute inaccurate information
Understand their rights under applicable laws

Your Obligations: As someone ordering background checks, you must:

Have legitimate reasons for screening
Follow proper consent procedures
Comply with adverse action requirements
Maintain confidentiality of screening results
Store and dispose of reports securely

Documentation Needs

Required Records: Maintain documentation of:

Signed consent forms
Copies of background check reports
Adverse action notices and communications
Evidence of compliance with legal requirements

Retention Policies: Establish clear policies for how long you’ll retain background check records, balancing legal requirements with privacy considerations.

Next Steps

What to Do After Receiving Results

Decision Making: Use your pre-established criteria to evaluate results consistently. Document your decision-making rationale, especially for adverse actions.

Communication: If making negative decisions, follow proper adverse action procedures, including providing required notices and dispute rights information.

Onboarding: For favorable results, proceed with your normal onboarding or approval processes, maintaining confidentiality of screening results.

Related Processes

Reference Checks: Background checks complement but don’t replace thorough reference checks with previous employers, landlords, or other relevant contacts.

Skills Assessment: For employment situations, combine background screening with appropriate skills testing and interview processes.

Ongoing Monitoring: Consider whether ongoing monitoring or periodic re-screening is appropriate for your situation.

Additional Resources

Legal Updates: Stay informed about changing laws and regulations affecting background screening through industry publications and legal resources.

Training: Consider training for staff involved in screening processes to ensure consistent, compliant practices.

Professional Development: Join industry associations or attend conferences to stay current on best practices and emerging trends.

Frequently Asked Questions

Q: How long do background checks take?
A: Most standard background checks complete within 1-3 business days. Comprehensive checks involving multiple jurisdictions or specialized searches may take 5-10 business days. Factors affecting timing include court availability, search complexity, and verification requirements.

Q: Can I run a background check without someone’s consent?
A: For most purposes covered by the FCRA (employment, housing, etc.), you must obtain written consent. Some public records searches may be permissible without consent for legitimate business purposes, but it’s always best to obtain proper authorization and consult legal counsel when in doubt.

Q: What shows up on a criminal background check?
A: Criminal background checks typically reveal felony and misdemeanor convictions, pending charges, and sometimes arrests without convictions. The specific content varies by jurisdiction and search type. Sealed, expunged, or juvenile records generally don’t appear, though laws vary by state.

Q: How far back do background checks go?
A: Most employment background checks cover 7-10 years, though serious felonies may be reported indefinitely. Some states limit how far back certain information can be reported. The timeframe often depends on the position’s requirements and applicable laws.

Q: What if the background check contains errors?
A: If you or the subject identifies errors, contact the background check provider’s dispute department immediately. Reputable services have established procedures for investigating and correcting inaccurate information. The subject has rights under the FCRA to dispute and correct errors.

Conclusion

Running an effective background check requires careful preparation, attention to legal requirements, and thorough analysis of results. By following this step-by-step guide, you’ll be equipped to conduct comprehensive, compliant screening that supports informed decision-making while protecting both your interests and subjects’ rights.

Remember that background screening is both an art and a science. While following proper procedures is essential, interpreting results requires judgment, consistency, and consideration of your specific needs and circumstances. The investment in proper screening pays dividends through reduced risks, better decisions, and greater confidence in your choices.

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