In today's modern world, we interact with people on a daily basis, whether it be in our personal or professional lives. While most of these interactions are positive, some have the potential to put our safety and security at risk. This is where background checks come in.
A background check is a process that involves digging up someone's criminal, financial, and personal history. Employers, landlords, and even individuals who are considering entering into a personal relationship with someone may conduct a background check to ensure they are making a safe and informed decision.
What do background checks check for?
Background checks look for any red flags that may indicate that someone has a criminal or financial history that could put others at risk. For example, a criminal background check may reveal any past arrests or convictions, including details about the crime, the sentence, and the duration of the sentence.
A financial background check, on the other hand, would look into someone's credit history. It may reveal information like bankruptcy filings, tax liens, and outstanding debts. This information can give potential employers or landlords a sense of the person's financial responsibility.
Finally, a personal background check may include information about someone's education, employment history, and personal references. This information can help a potential employer or landlord get a better sense of the person's character.
Who conducts background checks?
There are a variety of different organizations that conduct background checks, including private investigators, credit reporting agencies, and state and federal government agencies. These organizations often use a combination of public records and personal interviews to gather information about someone's past.
Employers are perhaps one of the most common groups to conduct background checks. In fact, according to a 2019 survey by the National Association of Professional Background Screeners, 94% of employers conducted at least one type of employment background screening.
Why are background checks important?
Background checks are important for a number of reasons. For one, they help ensure the safety and security of those around us. By conducting a background check, employers, landlords, and individuals can gain a better sense of someone's past behavior and any potential risks associated with that behavior.
Background checks can also help prevent fraud and protect against liability. For example, an employer who hires someone with a history of fraud could be held responsible for any future fraudulent activity the employee engages in.
Finally, background checks can help ensure that only qualified individuals are hired for certain jobs. For example, someone with a criminal history may not be eligible to work in certain industries, like healthcare or childcare.
What are the limitations of background checks?
While background checks can be a useful tool for gaining insight into someone's past, they are not foolproof. For one, not all criminal activity shows up on a background check. In some cases, charges may have been dropped or expunged, meaning they won't appear on a person's criminal record.
Background checks can also be subject to error. Information can be misreported or outdated, leading to incorrect conclusions about someone's past behavior. For this reason, it's important to use background checks as only one tool in the decision-making process.
In addition, background checks can create a barrier to employment or housing for some individuals. People with criminal histories, for example, may have a harder time finding employment or housing, even if they have turned their lives around.
What are the legal considerations surrounding background checks?
In recent years, there has been a growing concern about privacy and discrimination related to background checks. While there are no federal laws that regulate what information can be included in a background check, there are certain legal requirements that employers and other organizations must follow.
For example, the Fair Credit Reporting Act (FCRA) requires employers to provide a copy of the background check report to the applicant or employee and give them the opportunity to dispute any inaccurate information. The FCRA also requires employers to obtain written consent from the applicant or employee before conducting a background check.
In addition, employers must be careful not to discriminate against applicants or employees based on their race, gender, age, or other protected characteristics. For example, an employer who uses background checks to exclude African American or Hispanic applicants could be found to be in violation of Title VII of the Civil Rights Act.
In conclusion, background checks are an important tool for ensuring the safety and security of those around us. While they are not foolproof, they can provide valuable information about someone's past behavior and help prevent fraud and liability. It's important to use background checks as only one tool in the decision-making process and to be aware of the legal requirements and potential for discrimination. By using background checks responsibly, we can make informed decisions and create safer environments for all.