An employment background check usually confirms your identity and Social Security number, searches criminal court records, and, depending on the job, verifies past employers and degrees, reviews your driving record or credit, and includes a drug test. Most checks come back in about two to five business days. Under the federal Fair Credit Reporting Act (FCRA), an employer that uses a background check company must tell you in writing and get your signed permission first, and must show you the report before rejecting you because of it.
Federal law generally limits reporting of arrests that did not lead to a conviction, civil judgments and collection accounts to seven years, but criminal convictions can be reported no matter how old they are. Many states and cities add their own limits. Below is what each part of a check covers, what you are entitled to if something goes wrong, and how to prepare so a surprise does not cost you an offer.
What a background check can include
There is no single standard check. Employers choose a package based on the role, the industry and state rules. Common pieces:
| Check | What it looks at | Common for | Typical turnaround |
|---|---|---|---|
| Identity and SSN trace | Name history and past addresses tied to your SSN | Nearly all checks | Minutes to 1 day |
| Criminal records | County, state and federal court records, plus national databases | Most jobs | 1 to 5 business days; longer for some counties |
| Sex offender registry | National and state registries | Most jobs | Same day |
| Employment verification | Dates and job titles at past employers | Office, professional, management roles | 2 to 5 business days |
| Education verification | Degrees and attendance dates | Jobs requiring a degree | 1 to 3 business days |
| Motor vehicle record | License status, violations, suspensions | Driving jobs, delivery, sales with company cars | Same day to 2 days |
| Credit report (employment version) | Debts, payment history, bankruptcies; no credit score | Finance, jobs handling cash or sensitive data | Same day |
| Drug test | Urine, hair or saliva panel | Transportation, healthcare, warehouses, safety jobs | 1 to 3 business days after collection |
Delays usually come from counties where a court clerk has to pull records by hand, from past employers that are slow to respond or have closed, and from name mismatches. If your name changed or you have lived in several states, the search may take longer.
How far back a background check goes
The FCRA sets the rules for background check companies, called consumer reporting agencies. In general:
- Criminal convictions can be reported with no time limit under federal law.
- Arrests that did not lead to a conviction, civil suits and judgments, paid tax liens and accounts in collection are generally limited to seven years.
- Bankruptcies can be reported for up to ten years.
- Jobs paying $75,000 a year or more are exempt from the seven-year limit, so older adverse information can appear.
- Neutral facts such as employment dates and degrees are not subject to any time limit.
Several states go further and limit reporting of older convictions to seven years for most jobs, and some ban reporting of records that were sealed, expunged or pardoned. Employers in regulated fields, such as schools, healthcare and finance, may also run fingerprint-based checks through state or FBI databases, which follow different rules.
Your rights under the FCRA
When an employer uses an outside company to run the check, the FTC explains that federal law requires these steps:
- Disclosure. The employer tells you in writing, in a document that contains only this notice, that it may use a background report for its decision.
- Permission. The employer gets your written authorization. You can refuse, but the employer can then decline to consider you.
- Pre-adverse action notice. If the employer may reject you based on something in the report, it must first give you a copy of the report and a document called “A Summary of Your Rights Under the Fair Credit Reporting Act.” This gives you a chance to point out errors before a final decision.
- Adverse action notice. If the employer goes ahead and rejects you, it must tell you the name and contact information of the background company, that the company did not make the decision, and that you have the right to dispute the report and to get another free copy if you ask within 60 days.
The FCRA covers reports from background check companies. An employer that calls your former boss or searches court records itself is not bound by these notice steps, although anti-discrimination laws still apply.
Criminal records and fair chance laws
“Ban the box” or fair chance laws limit when an employer may ask about criminal history, usually pushing the question until after an interview or a conditional job offer. Federal agencies and federal contractors follow the Fair Chance to Compete for Jobs Act. About 15 states, including California, Illinois, New Jersey and Maine, extend these rules to private employers, and many cities and counties have their own versions. Several states also restrict employers from using credit reports for most jobs.
The Equal Employment Opportunity Commission has long advised employers not to use blanket bans on anyone with a record, because that can have a discriminatory effect. Employers are encouraged to weigh the nature of the offense, how long ago it happened and how it relates to the job.
Example: Andre, who lives in a state with a fair chance law, interviews for a warehouse supervisor job. The application has no criminal history question. After a conditional offer, the background check shows a theft conviction from nine years ago. Before deciding, the employer sends him a pre-adverse action notice with the report. Andre replies with his certificate of completion from a job training program and a reference letter from his current manager. The employer reviews his explanation and confirms the offer.
How to fix an error on your report
Mistakes happen, often from mixed-up identities with a similar name or birth date, or records that should have been sealed. If the pre-adverse action notice shows something wrong:
- Tell the employer right away, in writing, that you are disputing the report and why.
- File a dispute with the background check company named in the notice. Include copies of documents that show the error, such as a court disposition, expungement order or ID.
- The company generally has 30 days to investigate and must correct or delete information it cannot verify.
- Ask the company to send the corrected report to the employer.
- If the company or employer skipped required steps, you can report it at ReportFraud.ftc.gov.
Example: Elena receives a pre-adverse action notice listing a misdemeanor in a county she has never lived in. The record belongs to someone with the same name and a different birth date. She emails the hiring manager the same day, then files a dispute with the screening company with a copy of her driver’s license and her address history. The company removes the record within two weeks, and the employer, which agreed to hold the position, moves her start date back by a week.
How to prepare before you apply
A little preparation removes most surprises:
- Pull your free credit reports at AnnualCreditReport.com if the job may include a credit check.
- Request your driving record from your state motor vehicle agency for driving roles.
- Check your state court’s online portal for records under your name, and look into sealing or expungement if you are eligible.
- Make sure the dates and titles on your resume match what past employers will report.
- Have contact information ready for past employers, and copies of your diploma or transcript if your school is hard to reach.
- If you have a record, prepare a short, factual explanation and any proof of rehabilitation, such as certificates or references.
Common questions
How long does an employment background check take?
Most checks finish in two to five business days. County court searches, international records and slow-responding former employers can stretch that to a week or two. Ask the recruiter for a status update if you have not heard back after a week.
Can an employer run a background check without my permission?
Not through a background check company. The FCRA requires a standalone written disclosure and your written authorization first. An employer can still search public records or check references on its own without that consent.
Does a background check show past salaries?
Usually not. Standard employment verification confirms dates and titles. A growing number of states and cities prohibit employers from asking about your salary history at all.
Will a background check show a dismissed charge?
It can, if the arrest is within the past seven years and the job pays less than $75,000, and if state law allows it. Many states restrict reporting of dismissed or sealed charges, so the answer depends on where you live and work.
Can I fail a background check for bad credit?
Some employers, mainly in finance and jobs with access to money or sensitive data, consider credit history. Employment credit reports do not include a credit score, and several states limit when employers can use credit at all.
Before you sign the authorization
- Read the disclosure to see which checks the employer plans to run.
- Check your own records first: credit, driving record and court portals.
- Know your state’s fair chance and credit check rules.
- Keep a copy of every notice you receive.
- If something comes up, respond quickly and in writing.
Editorial note: This article is general information, not legal advice. Rules were checked as of November 2026 and vary by state and city; see the FTC’s guidance on employer background checks or your state labor department for the rules where you live.