This guide is for HR generalists, office managers and hiring managers at small employers in the US who order checks through a screening company. It is general information, not legal advice; your state and city may add rules.
What is in a background check report?
It depends on what you ordered, but most employment reports have some of these sections:
| Section | What it shows |
|---|---|
| Identity check | Name, date of birth and address history tied to the candidate's details |
| Criminal records | County, state or federal court records found for that identity |
| Employment verification | Employers, job titles and dates confirmed, or not confirmed |
| Education verification | Schools and degrees confirmed, or not confirmed |
| Motor vehicle record | License status and driving history, for driving roles |
| Credit report | Only for roles where it is relevant and allowed by law |
The background check entry explains each type and how long checks take.
How do I read it, step by step?
- Confirm the identity match. Check that the name, date of birth and other identifiers match your candidate. Common names lead to records that belong to someone else.
- Read the summary, then every record. The summary flags items; the details say what they are.
- Note the disposition of each criminal record. An arrest is not a conviction. Look for whether a charge was dismissed, reduced or resulted in a conviction, and when.
- Note the dates. How long ago something happened matters for fairness and, in some places, for what you may consider.
- Compare verifications with the resume. A missing confirmation can be a records problem, not a lie. Ask before you assume.
- Judge relevance to the job. Ask whether the record relates to the duties of this specific role.
How should I weigh a criminal record?
Look at the record, the time since, and the job together, rather than applying a blanket rule. EEOC guidance on arrest and conviction records says an arrest alone doesn't prove someone did anything, and encourages looking at the nature of the offense, how long ago it was and the nature of the job, and giving the person a chance to explain. Many states and cities also have fair chance laws that limit when you can ask about records and what you can consider. Check the rules where you hire.
What do I have to do before rejecting someone because of the report?
The FTC's guidance for employers under the Fair Credit Reporting Act sets out the steps when you use a screening company's report:
- Before the check: give a written disclosure in a stand-alone document, not inside the application, and get the candidate's written permission.
- Before deciding: if you might not hire because of the report, send a pre-adverse action notice with a copy of the report and "A Summary of Your Rights Under the Fair Credit Reporting Act," and give the person a chance to respond.
- After deciding: send an adverse action notice with the screening company's name, address and phone number, a statement that the company didn't make the decision and can't explain it, and the candidate's right to dispute the information and get a free copy of the report within 60 days.
Your screening company usually provides templates for these notices. Your state may add requirements.
Can AI help with background checks?
Use AI for the paperwork, not the decision. It can help draft a clear, respectful status email to a candidate while you wait for results, using only the facts you give it. The free candidate status reply lesson practices drafting with ChatGPT and checking every promise before you send. Don't paste background reports into AI tools, and don't let AI decide who passes. The resume screener lesson shows the same principle for screening: the AI only ranks, a person reads the evidence and makes every call, and nobody gets an automatic rejection.
Try it free, step by step
An AI Resume Screener, with a Fairness Step (Recruiting & HR). Have n8n read each applicant’s PDF resume, score it against the job’s must-haves with the evidence quoted, and rank it in Google Sheets, while a person makes every hiring call. You do every step yourself in a practice copy of n8n, it checks your work as you go, and “Do it for me” finishes any step you get stuck on. Free, and nothing touches your real accounts.
Start the free lessonKey takeaways
- Confirm the report is about the right person before reading anything else.
- Read every record's details: an arrest is not a conviction, and dates matter.
- Judge records against the specific job, and give the candidate a chance to explain.
- Under the FCRA, send a pre-adverse action notice with the report and summary of rights before deciding, then an adverse action notice.
- Keep reports out of AI tools, and keep hiring decisions with a person.
Frequently asked questions
- Can I run a background check without the candidate's permission?
Not through a screening company for employment. The FCRA requires a written disclosure and the candidate's written authorization first.
- What if the report has a mistake?
Tell the candidate, who can dispute it with the screening company. That is part of why the pre-adverse action notice and waiting period exist.
- How long should I wait after the pre-adverse action notice?
The FTC guidance doesn't set a single number of days; it expects a reasonable chance to respond. Many employers wait about five business days. Check your state's rules and your screening company's guidance.
- Should the hiring manager see the full report?
Limit access to the people who need it. Many companies have HR review the report and share only what is relevant to the decision.
Where can I go next?
Read How to Debrief a Candidate After an Interview and the reference check entry.
