Gorski Law
Pennylvania & New Jersey Consumer Rights Law Firm
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Background Check Basics

Frequently asked questions about background checks including information about what can appear on a background check,  what rights people have to control who can conduct a background check on them, and the right to know who sold a background check and to see a copy of the report.

What information is on a background check?

If you are applying for a job, the information provided with a background check usually depends on the type of job you are applying for and the employer's criteria for employment.  The most common information included on a background check is criminal history.  Background check companies, however, offer many other items of information on their reports. Some of the more common categories include:

  • civil litigation history and civil judgments
  • education history verification
  • employment history verification
  • driving history
  • government watchlists
  • credit history
  • bankruptcies & liens
  • drug testing
  • physical fitness screening
  • name and address history
  • social security number verification
  • professional license history
  • government agency sanctions
  • social media

Can someone request a background check about me without my permission?

Most of the time, no. If the reason for the background check relates to an application for credit, employment or insurance, the answer is always no.  Anyone who wishes to use a background check under these circumstance must obtain your permission.

If you believe that a background check has been requested about you without your permission, Gorski Law may be able to help. Initial consultations are always free. Call or email the firm to schedule a consultation.

Am I allowed to see the results of a background check that was prepared about me?

Yes. Anytime a background check is obtained about you in connection with an application for credit, employment or insurance, the person or entity that obtained the report must disclose to you where they obtained the report. Additionally, the company that prepared the report is obliged to provide you with a copy of the report if you request one.

If a background check is obtained by an employer who intends to deny or terminate your employment based on information in a background check, the employer must provide you with a copy of the report prior to taking adverse action against you.

If you are having difficulties obtaining a copy of your background check or you feel that the copy is being withheld from you, Gorski Law may be able to help. Initial consultations are always free. Call or email the firm to schedule a consultation.

Will criminal records that were expunged appear on a background check?

Expunged criminal records should never be on a background check. If this has happened to you, you need to dispute the record or obtain legal assistance to help you with this problem.

If an expunged criminal record is appearing on your background check, Gorski Law may be able to help resolve the error and obtain compensation for you. Initial consultations are always free. Call or email the firm to schedule a consultation.

Will juvenile records appear on background check?

Possibly. Whether a juvenile record appears on a background check depends on whether the state where the incident occurred makes juvenile records available to the public and whether the company that is preparing the background check searches juvenile records.

If a juvenile record is appearing on your background check that you believe should not be reported, Gorski Law may be able to help resolve the error and obtain compensation for you. Initial consultations are always free. Call or email the firm to schedule a consultation.

Will misdemeanors appear on a background check?

Misdemeanors will ordinarily appear on a background check assuming the entity that has requested the background check to include misdemeanors on the report.

Will history that occurred outside the United States appear on a background check?

Possibly.  It would first depend on whether the person requesting the background check desires this information and whether the company performing the background check is capable of accessing international data. Additionally, it would also depend on the country where the information is located. 

How far back can a background check go?

It depends on the information being sought and the availability of the information. Certain laws prohibit reporting certain types of information after a specific period of time. Adverse credit information, for example, ordinarily can only be reported back for 7 to 10 years under the Fair Credit Reporting Act ("FCRA").  There is no limit, however, for how long criminal records can be reported under the FCRA. Some criminal records may be too old to be collected or searched using modern methods, which reduces the likelihood that it may appear on a background check. If the incident occurred in the previous 20 years there is a good chance the records can be accessed or has been incorporated into a criminal record database.

If you believe that there is information on your background check that should not be reported because of its age, Gorski Law may be able to help resolve the error and obtain compensation for you. Initial consultations are always free. Call or email the firm to schedule a consultation.

Will a criminal record on my background check affect my ability to be hired?

To date, there is no law that prohibits an employers from denying employment to a candidate who possesses a criminal record history. Therefore, a criminal record on a background check could adversely affect your chances of getting hired for a job.   

That said, some employers will hire individuals with felony convictions or misdemeanor offenses.  Certain federal, state and municipal laws require employers to consider a variety of factors denying employment to a candidate with a criminal record including: the age of record, the type of offense, whether the candidate has multiple offenses, the candidate's work history post-conviction, the candidate's references, the candidate's rehabilitation efforts and the job requirements (e.g. working with children).  Some municipalities have enacted laws commonly known as "Ban The Box" which prohibits a potential employer from considering a candidate's criminal history on the employer's initial application. 

If you live in a jurisdiction where some or all of these prohibitions apply and you feel that the employer did not comply with these requirements, you should consider consulting a lawyer. Gorski Law may be able to help and obtain compensation for you. Initial consultations are always free. Call or email the firm to schedule a consultation.