A background check is a process used by an organisation or person to verify that an individual is who they claim to be, and check their past record to confirm education, employment history, and other activities, and for a criminal record. The frequency, purpose, and legitimacy of background checks vary among countries, industries, and individuals. An employment background check typically takes place when someone applies for a job, but it can also happen at any time the employer deems necessary. A variety of methods are used to complete these checks, including comprehensive database search and letters of reference.
History
In the United States Pre-September 11, 2001, background checks were less common and less intrusive. In the 2000s, background checks became far more common after 9/11. Government agencies such as the Transportation Security Administration (TSA) and U.S. Department of Homeland Security were created afterwards to protect national security and safeguard American citizens. These agencies were tasked with examining airport security, pre-flight screening, and predicting potential terror attacks. The Federal Bureau of Investigation has a catalogue of DNA, fingerprints, and other means of identification for people with past criminal activity.
Purposes
There are many types of background checks employers may use to verify a potential new hire. These checks can include: Academic enrollment history Criminal history Credit history Driving records Employment history International background check Online user profile check Professional references check Professional license and certifications check
Employment screening Employers often request background checks on job candidates for employment screening, especially for candidates seeking a position that requires high security or a position of trust, such as in a school, courthouse, hospital, financial institution, airport, and government. Background checks in the corporate realm have become a commonplace practice for many companies, aimed at mitigating legal liabilities and preventing adverse actions within their workforce.
They can also be requested when purchasing a firearm (from a legal authorization). A government agency traditionally administers these checks for a nominal fee, but private companies can also administer them. Results of a background check typically include past employment verification, credit history, and criminal history. The objective of background checks is to ensure the safety and security of the employees in the organization.
These checks are also used to assess a candidate's prior conduct and fitness for a role, and to vet prospective government employees for a security clearance. They can, however, be misused for unlawful discrimination, identity theft, or invasion of privacy.
Checks are frequently conducted to confirm information found on an employment application or résumé/curriculum vitae. One study showed that half of all reference checks done on prospective employees differed between what the job applicant provided and what the source reported. They are also used to differentiate potential employees further and to select the candidate the employer considers best suited for the position. Employers are obligated to ensure their work environment is safe for all employees and helps prevent other employment problems in the workplace.
Firearms purchases
In the United States under the Gun Control Act of 1968, citizens and US residents must be 18 years or older to purchase shotguns, rifles, or ammunition. All other firearms – such as handguns – can only be sold to individuals 21 or older. Restricted firearms (like machine guns), suppressors, explosives or large quantities of precursor chemicals, and concealed weapons permits also require criminal checks. Checks are also required for those working in positions with special security concerns, such as trucking, ports of entry, and airports (including airline transportation). Laws exist to prevent those who do not pass a criminal check from working in careers involving the elderly, disabled, or children.
Pre-employment screening Pre-employment screening refers to the process of investigating the backgrounds of potential employees and is commonly used to verify the accuracy of an applicant's claims as well as to discover any possible criminal history, workers compensation claims, or employer sanctions.
Brazil
The Brazilian legal system prohibits discrimination against employees, and the use of background checks in hiring decisions is constrained accordingly. Background checks are addressed under Articles 3, 5, and 7 of the Constitution of Brazil, and under Law No. 9.029/95, which bars discriminatory hiring practices.
Netherlands It is the responsibility of the employer to treat all personal information collected from the employee as confidential information and to limit the access to this information within the organization. The employer cannot retain the personal information from the applicant and must have protective measures in case of data breach. The employer must give the applicant the ability to access the personal information being held about them. Dutch Data Protection Authority must be notified of the background check.
Restrictions and Laws on Background checks
The Data Protection Act 2001 The Equal Treatment Act 1994 The Judicial Data and Criminal Records Act 2004 The Medical Examinations Act 1998 Article 8 of the European Convention on Human Rights
Poland The first Polish research on the issue of pre-employment screening shows that 81% of recruiters have come across the phenomenon of lies in the CVs of candidates for the job. It is the responsibility of the employer to collect necessary information and to protect it so that only certain people in the organization can access it. The applicant must receive a copy of the background check so that the applicant has the opportunity to make sure that the information in the background check is correct. The employer is not permitted to keep the personal information for a longer period than necessary.
Restrictions and Laws on Background checks The Polish Constitution dated 2 April 1997 Article 8 of the European Convention on Human Rights Act of 26 June 1974 on The Labour Code Act of 24 May 2000 on National Criminal Records Act of 4 March 1994 on the Company Social Fund Act of 29 August 1997 on Personal Data Protection Regulation of Work and Social Policy Minister dated 28 May 1996
United Kingdom The employer has to treat the personal information from the applicant as confidential. The applicant has to receive a copy of the background in order to verify or update the information it contains. The employer cannot retain the information more than it is necessary. The employer has to give any one who comes in contact with the information of the applicant a code of conduct. The company has to go through an audit to make sure they are complying and protecting the data.
Restrictions and Laws on Background Checks
Criminal records checks: Protection of Freedoms Act 2012, Rehabilitation of Offenders Act 1974, Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 Ability to work in the UK: Immigration, Asylum and Nationality Act 2006 The Equality Act 2010 Data Protection Act 1998 Article 8 of the European Convention on Human Rights (and Human Rights Act 1998)
During the 2008 financial crisis, the level of fraud almost doubled.Fraud doubles yet expert says the worst is still to come Background-checking firm Powerchex claimed the number of applicants lying on their applications increased after the start of the 2008 financial crisis. In 2009, Powerchex claimed that nearly one in 5 applicants has a major lie or discrepancy on his or her application. Almost half (48%) of organizations with fewer than 100 staff experienced problems with vetted employees. The research shows how many failures occurred in the relationship between employer and employee over the years and what dangers it brings. Applicants usually lie about additional skills (85%), dates of employment (58%), responsibilities (53%) or positions (28%).
Regulation The Financial Services Authority states in their Training & Competence guidance that regulated firms should have: Adequacy of procedures for taking into account knowledge and skills of potential recruits for the role Adequacy of procedures for obtaining sufficient information about previous activities and training Adequacy of procedures for ensuring that individuals have passed appropriate exams or have appropriate exemptions Adequacy of procedures for assessing competence of individuals for sales roles
The Financial Services Authority's statutory objectives:
Protecting consumers Maintaining market confidence Promoting public awareness Reducing financial crime
United States The employer must obtain consent from the applicant granting approval of the background check. The employer must be in accordance with the Fair Credit Reporting Act. The employers have to guarantee that they will not discriminate against the applicant.
Most notably, the Fair Credit Reporting Act (FCRA) regulates the use of consumer reports (which it defines as information collected and reported by third party agencies) as it pertains to adverse decisions, notification to the applicant, and destruction and safekeeping of records. If a consumer report is used as a factor in an adverse hiring decision, the applicant must be presented with a "pre-adverse action disclosure," a copy of the FCRA summary of rights, and a "notification of adverse action letter." Individuals are entitled to know the source of any information used against them, including a credit reporting company. Individuals must also consent in order for the employer to obtain a credit report.
A 2026 resume.io survey of 600 U.S. professionals revealed that 21.5 percent lied on their resume within the past year, rising to 38.9 percent among active job seekers. Broadening this scope, GCheck's 2026 Trust in Hiring Report of 1,500 candidates found that 93 percent admitted to at least one form of embellishment during the hiring process.
Restriction and laws on Background Check Arrest and conviction records: Title VII of the Civil Rights Act of 1964; Cal. Lab. Code § 432.7; Cal. Lab. Code § 432.8; Cal. Pen. Code § 290.46(k)(2); 775 ILCS 5/2-103; Job Opportunities for Qualified Applicants Act, 820 ILCS 75/15; N.Y. Correct. Law § 752; N.Y. Exec. Law § 296 (15), (16); 18 Pa.C.S. § 9125 Credit/financial checks: Consumer Credit Reporting Agencies Act, Cal. Civ. Code § 1785.13; Cal. Lab. Code § 1024.5; 820 ILCS 70/10 Health checks/medical screening: Americans with Disabilities Act, 42 U.S.C. § 12101, et seq.; Genetic Information Nondiscrimination Act, 42 U.S.C. § 2000ff, et seq.; Cal. Lab. Code § 132a Social media: Cal. Lab. Code § 980; 820 ILCS 55/10(a) Record disposal: 16 CFR Part 682 Record keeping: 29 CFR Part 160 Records/information obtained from consumer reporting agencies, including but not limited to education and employment records, credit and financial records, and social media: Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq.; Consumer Credit Reporting Agencies Act, Cal. Civ. Code § 1785.13(a)(6); Investigative Consumer Reporting Agencies Act, Cal. Civ. Code § 1786.18(a)(7); Cal. Civ. Code § 1786.53 Political affiliation: D.C. Code § 2–1402.11; Wis. Stat. Ann. § 111.321 Polygraph tests: Employee Polygraph Protection Act, 29 U.S.C. §§ 2002, 2006; Cal. Lab. Code § 432.2; 225 ILCS 430/14.1; N.Y. Lab. Law §§ 733–739; 18 Pa.C.S. § 7321
Florida