
Open-Records
Background Checks and the FCRA – What’s Allowed and What’s Not
When hiring a new employee, you want to ensure you are making the right choice. One way to do that is to perform a background check. A background check is an excellent tool to verify qualifications and ensure workplace safety. However, running these checks is not as simple as doing a quick internet search. The Fair Credit Reporting Act, or FCRA, regulates how employers gather and use background information. What Is the FCRA? The Fair Credit Reporting Act is a federal law enacted in 1970 to protect consumer privacy and ensure accuracy in background reporting. While it sounds like it only applies to credit cards and loans, it actually covers any background check conducted by a third-party company, known as a Consumer Reporting Agency. If you hire an outside vendor to check a candidate’s criminal records, employment history, or driving record, you are bound by the FCRA. This law gives job applicants specific rights regarding how their personal information is handled and used during the hiring process. What Is Allowed? Employers have a lot of flexibility when it comes to vetting candidates, provided they follow the rules. You are legally allowed to look into several key areas to verify a candidate’s fitness for a role.













