About Background Checks sitemap

"Background check” is broad language that encompasses locating and checking of a wide variety records services. The reports produced from background checks services are used to evaluate people, business and property. For example, “consumer reports”, as defined by the FTC, are “…any written, oral, or other communication of any information that has a bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living….”.

Surveys of state and local governments reveal nearly singular trend. Courts and other government background checks are making their records available via the Internet.

Governments are making records available that span statewide background checks to many instances of single jurisdictions, such as county-level courts, providing Internet access to their records. Some governments provide access to both criminal and civil records while others restrict users' access to records that may contain sensitive background check information. And while some governments offer free comprehensive access to their background check services, many others charge users a range of fees for Internet access.

On the one hand, moving to post background check services to the Internet represents a hushed upheaval in transparency and accountability for both individuals and government, part of a rapidly shifting social reality. Public access to electronic court background check services provides a convenient way for the public to broaden government checks and balances and ensure the fairness and equality of its operations.

Concurrent to the trend towards background check transparency, governments are struggling to find balance, such as balancing privacy and accountability. What information should be available Internet? Many governments make judicial opinions at the appellate levels freely available Internet but do not offer Internet access to trial court proceedings, which generally contain more detailed and sensitive evidence. Others offer access to trial court dockets and a variety of other information at the trial level. Should a distinction be drawn between civil and criminal background check access? Another set of issues concern cost. Is it appropriate to charge for government background check services? Does a subscription or fee-based system unfairly discriminate against those who cannot afford fees for background check services? Does it exclude everyday citizens? Questions like these pose a significant challenge to governments attempting to design background check services.

In the United States nearly all employers maintain employee background check programs. With thanks to the Internet, more and more individuals also conduct background check services, using consumer background check sites such as Intelius to check other individuals. Background check services for dating, childcare and home services is proliferating.

It is rare when laws or regulations require employment background check services. For certain jobs, specific laws make an employee background check mandatory rather than discretionary. Often the laws that require employment screening background checks are limited to a check of criminal records. Examples of jobs that require employment criminal background checks are those in the trucking industry and many jobs that involve contact with children, the elderly, and disabled persons.

Also, required, employers can only employ individuals authorized to work in the United States. The Immigration and Nationality Act requires all U.S. employers (including agricultural associations or employers who recruit or refer persons for employment for a fee) to verify on the Form I-9 the identity and employment eligibility of all employees, including U.S. citizens, hired to work in the United States. Completed Forms I-9 are not filed with the federal government. Instead, they must be retained by the employer in its own files and made available for inspection by Department of Homeland Security, the Special Counsel for Immigration-Related Unfair Employment Practices, or the Department of Labor for three years after the date of hire or one year after the date the employee's employment is terminated, whichever is later. Recruiters or referrers are required to retain Form I-9 records for three years after the date of the hire. Failure to properly complete and retain the Form I-9 subjects the employer to civil penalties. Employers can retain I-9 forms in electronic format, in addition to the current choices of paper, microfilm or microfiche. Electronic signatures are permitted.

The U.S. Citizenship and Immigration Services offers a free employment background check service called E-Verify. E-Verify is an Internet-based application that allows employers to verify the work authorization of newly hired employees. If the employee claims to be either a U.S. citizen or a lawful permanent resident, E-Verify background checks the employee's Social Security Number against the SSA database. For a lawful permanent resident, E-Verify also checks the employee's Alien Number against the VIS database. For other non-citizens, E-Verify forwards the I-94 number and supporting information to an Immigration Status Verifier. The E-Verify software returns the case resolution to the E-Verify user.

To expand enforcement of US immigration laws, including the detection and removal of illegal aliens and sanctions against employers hiring illegal aliens, federal contractors must verify that their employees are in the US legally, under an executive order signed by President Bush in June 2008.

The Homeland Secretary stipulates that verification background checks must be done using E-Verify.

Also, the “SAVE Act” is getting consideration in Congress. It would E-Verify background checks mandatory. Already, ten states, including Georgia, Colorado, Arizona and North Carolina, mandate E-Verify background checks to varied degrees. In Georgia, all public employers and private companies contracted by the state must check backgrounds with E-Verify.

The types of reporting available for employment background check services vary quite a bit. You can check credit history, employment history, professional licenses, criminal records, civil litigation records, education history, history of workers’ compensation claims, driving records, references, federal government exclusion lists, OFAC records, FDA debarment records, healthcare sanctions records -- to name a few. At minimum, most employment background check services include a search for criminal records. Checking credit records for financial responsibility and driving records for safety are also a good idea. Criminal court records are open to public access, available to anyone, unless the court has "sealed" a record.

There's a myth of "nationwide criminal background check databases" that report criminal records from every jurisdiction in the United States. No such background check exists. Many companies offer database searches that cover many jurisdictions in the majority of states, but they are all incomplete. The FBI's Criminal Justice Information Services Division manages the National Crime Information Center, a nationwide criminal background check system. It is the most complete source of records, yet even it is not perfect. Most misdemeanors are not included in the database and many county and state records never make their way to the FBI. En route to the FBI from counties and states there are breakdowns in the process. Still, the NCIC database is the most complete national criminal database, and more comprehensive than the any of the commercially available national criminal databases. Generally, the NCIC database is not available for non-governmental use. There are a few exceptions.

Commercial nationwide criminal background checks can cover a lot of ground and inexpensively. So, they are worthwhile. However, today the standard for thorough court records checks is to first discover counties of residence for the subject, then to conduct an onsite background check for each county courthouse.

Even with trending towards direct Internet access for to government sources for background check services, most companies and individuals still prefer to pay background check companies to do the work. Background check companies can reduce the real costs of a background check, through speed of service made possible by experience and knowledge. Specialized training results in faster, better background checks.

Hiring BackgroundNow to conduct your employment background checks doesn’t just save you time. It buys advice and support, and more effective programs. There are challenges to performing thorough employment background checks. For example, although much of criminal background checks are public record, knowing where and how to check can be difficult. A thorough background check begins with Social Security Number verification, a check for alter egos, such as maiden names, and an address history. Criminals often withhold details about their past to cover their tracks. So, there are important steps that precede criminal, civil and other employment background checks.

One of the biggest challenges with doing a criminal history is knowing where to look. Once you have an idea where to look, you can check county or state records. Here again, there can be complications: Not all counties offer Internet background check services and checking records may require a trip to the county courthouse by you or a professional courthouse researcher.

Statewide criminal background checks cover more ground, but state information may be missing or be less up-to-date than the county information. Data doesn’t always flow through the chain of background check sources promptly, completely, or sometimes at all.

If you want to conduct your own background check rather than hire an outside company, you can request court records from every jurisdiction where the subject may have lived and any others where you suspect a record may be found. In some jurisdictions, civil and criminal background checks are available directly from the court’s web site. Access to court records via the Internet varies greatly from jurisdiction to jurisdiction. If not available over the Internet, court files are available at the courthouse. Access may be restricted if a case has been sealed by the court or the record has been expunged.

Descriptions of crimes and sentencing found in criminal records reports can be incomplete or cryptic. You may have to search the state legislature website for clear definitions of statutes. California has an easy to use search engine to access their legislature's criminal records descriptions.

How can you locate a person or business free?

Using BackgroundNow's background check services, finding information about people, property or companies can be very straightforward.  Doing it on your own is another matter.  Law protects personal identifiers, such as Social Security numbers, dates of birth, and medical, financial or insurance information.  However, locating an individual and their home address can often be done by an "advanced" Google search.  Intelius offers a quality paid service for finding people.  Try LinkedIn.com or Spock.com to find career-minded people.

Mail a letter to the individual at the last known address. Several spaces below your return address, write “Address Correction Requested. Do Not Forward.” The letter will be returned to you with the new address, if one is on file.

If the person you are seeking owns property, check city or county tax assessor websites or offices to check the individual’s home or business address. The local assessor’s office lists names and address backgrounds of property owners in the county by both owner name and address of the property. You can locate local assessor’s offices checking the Customized Google Tool found at the top of the www.BackgroundNow.com home page or the phone book’s government pages.

Also, you can check county register-recorder records. Property owner backgrounds are listed by name and report the location of the property owned. You can check the address and telephone number of the register-recorder’s office in your county in the government pages of your phone book.

If a telephone number is the only background information you have, try free a reverse lookup. If a number is listed, a reverse telephone directory, such as http://www.yellowpages.com, will provide the address.

For a business, if the only address you have is a post office box, you can check the name, address, and telephone number of the holder of a post office box that is used for business purposes at the post office. Bring proof that the box is used for business purposes.

How can you locate a corporation, LLC, partnership or other entity free?

Each Secretary of State maintains thorough background records of the names and addresses of the officers of corporations and their agents for service. Use the Customized Google Check Tool found at the top of the www.BackgroundNow.com home page to locate the SOS website in any state. Nearly all have free online check tools, enabling you locate a business or person in Uniform Commercial Code (UCC), corporation, trademark and other records.

How can you locate a sole proprietorship free?

County or city clerks record assumed business names used by individuals to conduct business as sole proprietors. Records include names and addresses of the owners of businesses operating under a name different from the owner’s. Use the Customized Google Check Tool found at the top of the www.BackgroundNow.com home page to locate your county or city clerk.

Company background check information is readily discoverable on the Internet and at Secretary of State websites.  Secretary of States websites permit access to required filings by businesses and these serve as fine background checks for ownership and important changes and transactions.  Companies are entitled to some secrets as well.  It's difficult, if not impossible to get proprietary formulas, designs, agreements and business plans.  Public companies work under stringent requirements to disclose a great deal more than private companies, so a background check is more easily done.  You can get those records at Edgar.  The SEC's EDGAR system limits retrieval to the past four years. 

You can locate background check information on private companies searching EDGAR, because public companies report activities with private companies in their SEC filings.

For the most part, you have free access to "Public Records", and public records are government records.  Federal or state law determines what information is a matter of public record. State laws vary, so you may need to be imaginative to complete a useful background check.  Voter registration records can be accessed, for example, in some states, but not in others.  Courthouses offer access to misdemeanors or felonies, but some states, like California, bar access to the state's criminal records repository, with exceptions.

Private information increasingly can become public information, with thanks to the Internet, though sometimes improperly.  For example, software pirating, the reverse engineering and distribution of proprietary software code. 

Amazingly, much private information is voluntarily submitted for public access.  Users may think a submission is secure when it is not.  And "bots", software robots that scan the Internet and accumulate all types of information, often for publication or reconstitution and sale.  Black hats bots and use illegal means to capture data, sometimes for purposes of identity theft.  Private information also becomes public through disclosure in public record such as bankruptcies, divorce,criminal and civil court records.

Try PACER.  It's the Federal Judiciary's centralized electronic access to nearly every U.S. District, Bankruptcy, and Appellate court record in the United States. In most instances, you can download copies of original documents related to cases to add immense detail and depth for your background check.

In any records system, query using variations on names. For example, search with and without a middle initial; for company names, search assumed names or DBAs, and corporate names. Also try searching partial names. Also, keep in mind that somewhere in the background check information chain human beings may enter or alter data, in error. Mistakes happen.  Systems too, with their bugs, can reformat or lose data. Accommodate search techniques with these realities in mind.  Be aware of each system's search engine rules.  For broadest searches, use the fewest letters allowed by the system. 

The Excluded Parties List System, another federal government background check source, delivers information about people and companies barred from receiving federal contracts or federal financial assistance.

Want to do a background check on Warren Buffett? Buffett is a businessman, so try business and litigation services first. You're certain to find information about him In Delaware Secretary of State records online -- or for any state where one or more of his business interests are registered to operate.  Try searching EDGAR and Pacer, use variations of his name and related business names. References to him in the body of filings will reveal useful information, such as his middle initial, business affiliations, business addresses, investments, and more.  To get a peek at his activities, check property, liens, judgments, bankruptcies and UCC filings.

Get creative with your background checks.  You could ask yourself, "What kind of public records are likely to list assets?"   Did you answer, "Recent divorce filings"?  Yes?  Then you're getting the hang of it.

Court records can reveal deep personal background check information. Civil filings can report the most personal of information, medical conditions and treatments, financial investments, personal income, employment or business affiliations. Courts offering Internet access to records make it easy, fast and free.

Conducting public records research requires knowledge and skill.  You can complete deep, thorough background checks on your own, like a professional, with the right access.  Try the BackgroundNow search engine.  It's customized to specifically search government records services.

Have you done a background check on your investment professional, broker or securities firm? FINRA BrokerCheck is a free online tool to help investors check the professional background of current and former FINRA-registered securities firms and brokers. It should be the first resource investors turn to when choosing whether to do business with a particular broker or brokerage firm.

Features of FINRA BrokerCheck include:

* Employment background check capabilities for both a broker and brokerage firm
* Online delivery of a background check report on a broker or brokerage firm
* Explanatory information to help investors better understand the content, context and source of the background check provided
* Links to additional services and tools

The information made available through FINRA BrokerCheck is derived from the Central Registration Depository, the securities industry online registration and licensing database, as reported on industry registration/licensing forms brokers, brokerage firms and regulators complete. BrokerCheck features professional background check information on approximately 660,000 currently registered brokers and 5,100 currently registered securities firms. Information is also available on thousands of formerly registered firms and brokers.

Background check services can protect those most vulnerable to harm. More than 94 million children, elderly Americans,and individuals with disabilities -- the most vulnerable members of our society -- depend on someone else to look after them. They may be cared for by family members, friends, paid professionals, or volunteers from youth or service organizations. Unfortunately, some care givers abuse the very people they are supposed to be helping. The most sensational cases often make the evening news, inspiring public demands for better background check services of those who work with and care for vulnerable persons.

Employment background check services of those who care for children and other at-risk individuals is a critical first step to detecting abusers before they can inflict harm on their victims. While checking criminal records of potential workers is one method of background check, several other practices can weed out potentially abusive workers and volunteers. These practices range from basic background check services to more complex procedures, including psychological and drug testing.

Basic employee background check services generally consist of requiring potential employees or volunteers to complete a comprehensive application form and submit a signed statement, conducting a thorough personal interview that examines an applicant's past employment or volunteer experience and explores other indicators of potential problem behavior,and performing personal and professional reference checks. It also may be necessary to confirm an applicant's education.

More complete background check services are sometimes required. These frequently include examining local, State, and Federal criminal records; abuse and sex offender registries; and motor vehicle records. Special cases may warrant even further background check, including alcohol, drug, and psychological testing; checking an applicant's psychiatric history; and visiting an applicant's home.

While appropriate employment background check methods can reduce the incidence of abuse by care givers, they will not eliminate the problem. All employment background check procedures have limitations; their use does not guarantee that individuals who pass through a background check will not abuse those in their care. The need for vigilance in protecting those at risk of abuse is constant. Relatives and friends of individuals receiving care need to be aware of the potential for abuse, and organizations and agencies should monitor the care givers for whom they are responsible. Families also need to talk to children and other family members about what is -- and what is not -- acceptable behavior from care and service providers.

The United States Department of Justice offer free sex offender background check services at http://www.nsopr.gov. The Dru Sjodin National Sex Offender Public Registry, coordinated by the DoJ, is a cooperative effort between the state agencies hosting public sexual offender registries and the federal government. The web site is a search tool allowing a user to submit a single national query to obtain background check services about sex offenders through a number of search options:

*By Name
*By ZIP Code
*By County (if provided by state)
*By City/Town (if provided by state)
*By State (one or multiple)
*National

The criteria for searching are limited to what each individual state may provide. Also, because background check services are hosted by each state and not by the federal government, search results should be verified by the user in the state where the background check services is posted. Users are advised to log on to pertinent state web sites for further information and/or guidance, as appropriate.

State sex-offender registration and notification programs are designed, in general, to include background check services about offenders who have been convicted of a “criminal offense against a victim who is a minor” or a “sexually violent offense,” as specified in the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (“the Wetterling Act”) – more specifically, background check services about persons convicted of offenses involving sexual molestation or sexual exploitation of children, and persons convicted of rape and rape-like offenses (regardless of the age of the victim), respectively. 42 U.S.C. § 14071. Members of the public are advised, however, that publicly-accessible Internet sites established by different states may not be comparable with respect to the comprehensiveness of offender-related background check services made available for public disclosure. Members of the public should be aware that not all state Internet sites provide for public disclosure of background check services about all sex-offenders who reside, work, or attend school in the state. For example, a given state may limit public disclosure over its web site of background check services concerning offenders who have been determined to be high-risk, while another state may provide for wider disclosure of offender background check services but make no representation as to risk level of specific offenders. In sum, members of the public may be able to obtain certain types of background check services about specific offenders who reside, work, or attend school in the state and have been convicted of one or more of the types of offenses specified below, depending on the specific parameters of a given State’s public notification program.

Members of the public are advised to log on to pertinent state web sites for further information and/or guidance, as appropriate.

How do you do employment background checks when hiring?

Because so many people misrepresent their background and credentials, it is important to do employment background checks to see if what the individual says about his or her background is true. A lot of companies don't do any checking, and they often regret that decision. The individual may be unqualified for the job, or may have some personality trait or past experience that causes problems for you later.

If the individual will have contact with other persons or with customers, an important reason to employment background checks is to avoid negligent hiring claims. If you have a person who turns violent and harms either a customer or another person, you could be slapped with a lawsuit if reference checking would have kept you from hiring that person. If you have persons who have or will have significant contact with the public, customers, patients, or children, you'll want to be particularly careful about doing a thorough employment background check , including a criminal background check to the extent permitted by law.

General guidelines for reference background checks:
- Tell each individual that no offer will be made until satisfactory reference background checks are made.
- Call or write to each reference given. If you are not going to do reference background checks, do not ask for them.
- If you don't get a response to a written request to an organization, call them. The conversation may reap more information than a letter would anyway, although you should be aware that many companies are reluctant to disclose much about a former person because they are afraid of being sued, too.
- If you request reference background checks in writing, include a signed release by the job individual permitting the information you want to be given out.
- Document all information that you receive.
- Also document unsuccessful tries at gathering information, to protect from negligent hiring claims.
- If the former supervisor won't tell you anything, record the fact that he or she refused to give any information about why you shouldn't hire the individual.
- If you can't get the requested information from reference background checks, ask the job individual for more information or to clear the way for you with the reference background checks he or she gave.
- Don't make a job offer until you've completed the reference checking.

Reference background checks
Former companies are in the best position to tell you about an individual's work history. Make sure the information you get agrees with what the individual gave you. Companies’ reference background checks can give you some or all of the following information:
- dates
- job titles
- rates of pay
- nature of the tasks performed
- work habits — including conscientiousness, sense of responsibility, and ability to work with others
- Whether they would hire the individual again, knowing what they know about him or her

Tip: When you talk with former companies, ask for specific examples of times when the individual demonstrated positive traits. They make excellent documentation, should you run into negligent hiring claims.

Sometimes, the organization won't tell you anything more than "name, rank, and serial number" information for fear that the person may sue them. If you run into that, remind the organization that most states consider the information "qualifiedly privileged." That means that the information is protected, and the organization that shares it is protected unless the information is given:
- With known falsity
- In bad faith
- With reckless disregard for the truth

Sometimes you can get more information from coworkers or supervisors, but often they too are instructed not to discuss why the person left or if the person would be rehired. A number of states require former companies to provide a job reference letter or some information about people who worked for them.

No matter what, document whatever information you do get and note who gave it to you. Also note the information they would not give you.
How can you check reference background checks? By:
- Calling: this is the preferred method because it tends to be faster, less time-consuming, and more revealing.
- Writing: this tends to be used more when individuals have out-of-area reference background checks and when calling doesn't work. It does provide stronger documentation to prove you did the homework, though, and permits you to send the ex-organization the written release you've obtained from the individual.

Personal reference background checks
Most companies skip personal reference background checks, even when they ask for them. There is a common perception that personal reference background checks are usually friends of the individual, and that they will not convey any negative information, in the event that it exists, because they are friends.
If you do ask for and check personal reference background checks, keep these pointers in mind:
- Consider it a red flag if the individual has lived in the area for a considerable period of time but cannot list any references.
- Like reference background checks, personal reference background checks are more likely to say things on the phone than they are to put them in writing. So call rather than write, if possible.
- Have an information release signed by the individual and ready in case the reference requests it.
- Ask only job-related questions. Don't ask irrelevant questions that could be the basis of a discrimination claim, and don't ask questions that could support an invasion of privacy claim.

Education background check records
Educational credentials are frequently misrepresented on resumes and job applications, because many companies don't do educational reference background checks. It's important to do it, though, to make sure that the individual has the qualifications and background you want. Common problems are the individuals' saying that they have a degree that they don't have, saying that they graduated from a particular school when they may have only attended it for a short time, or saying that they have a degree in one field when they really have a degree in another field. Most colleges or universities will verify a job individual's degree or dates of attendance, and many will do it over the phone. In many cases, you can also obtain a transcript if you follow the school's guidelines for releasing background checks.

Tip: You can also pre-screen an individual's education by asking him or her to produce copies of diplomas or certified copies of transcripts.

If you've never heard of the institution, you might also want to check to see:
- What type of institution it is
- Which degrees it awards
- If it is accredited

Credit background checks
If an individual is going to be handling large sums of money or exercising financial discretion at the business, you may want to run a credit background check. Unless you're worried about the individual stealing money or expensive equipment, a credit background check probably won't be necessary. There are a lot of federal restrictions on credit background checks, so doing them can be more trouble than it's worth.
What's in a credit background check? A credit background check will include the following information about the individual:
- Address
- Social Security number
- Bankruptcies
- Tax liens
- Judgments
- Child support obligations
- Loans
- The names of other companies who have checked the individual's credit

What's not in a credit background check? Credit background checks do not provide information on:
- Previous income
- College background
- Bank accounts
- Personal investments
- Criminal history
- Medical history

There are a number of things to consider if you decide to run a credit background check.
- You will have to pay the background check provider for the credit background check. The fee may vary.
- Federal law on credit background checks: there is federal legislation that governs the use and disclosure of credit information. You must follow the law if you're going to run a credit background check.
- State laws on credit background checks: A number of states currently have laws on the books that require companies to provide notice and/or copies of credit background checks whenever they're used for -related decisions.
- Anti-discrimination laws also apply: you can also get in trouble with anti-discrimination laws if you can't show a business reason for the credit background check if screening on that basis has a disproportionate impact on minorities.

Driving background check records
If the job opening requires any driving of a vehicle on company business, the individual's driving record should be checked. By checking with the motor vehicles department, you'll not only get information about the individual's driving record, but you can use it as a chance to verify the individual's identity.
Where do you get driving background check records? Driving record information is available from a state's Department of Motor Vehicles. Generally, they keep background check records of:
- All traffic violations
- Driving-related offenses
- Identifying information contained on the license

What information do I need to provide? Usually, the DMV will ask for:
- Full name
- Date of birth
- Address
- License number

Be aware that sometimes the DMV will charge you for background check records. The cost can vary. The DMV may require that you complete a certain form for the request. Before you send a request for a record, call the DMV to find out what is required.
How can I use driving background check records? While it may not matter that an individual had a speeding ticket, a driving record check can reveal other more serious offenses. If an individual's license is suspended or expired, how can that individual legally perform a job that requires driving?

Criminal background check records
You'll need to protect the business from liability by doing criminal background checks on individuals who will:
- Be bonded because of access to money or valuables
- Carry a weapon
- Drive a company vehicle
- Have access to drugs or explosives
- Have access to master keys
- Have a great deal of contact with the public, patients, or children
- Be filling a position that requires a criminal record check under state law

Documenting the reference background check
In case of a lawsuit, or even just to protect in case an person you hire later proves unsatisfactory, you should document every step of the reference check in order to show that you acted reasonably in hiring the individual based on the information that you had. For companies of 15 or more, application and reference check background check records must be kept for at least one year, even for the individuals you don't hire. In order to avoid questions regarding the hiring methods, it is a good idea to create the following documents as you perform a reference check:
- A list of all reference background checks checked
- The name of the person who actually contacted the reference background checks
- How you contacted the reference background checks, namely, by telephone or by letter
- Notes on all telephone conversations made
- Name and job title of every person you spoke with
- A copy of the return letter
- Copies of actual background check records received, e.g., credit bureau background checks, driving background check records, etc.
- The fact that you made every reasonable effort to contact the reference listed but could not do so
- The fact that you did contact the reference given but could not get sufficient information from the source.
Keep the background check records, once you have gone to the trouble of documenting the actions, as indicated below:
- So long as the person works for the company, include the reference background checks as part of the hiring papers and keep these background check records in the person's personnel file.
- Treat an ex-person's reference background checks and reports as merely part of that ex-person's personnel file. No one has time to go back and weed out the file. A common rule of thumb is to keep a personnel file for seven years.
- Do not throw out background check records on unsuccessful individuals. They are considered part of the background check records "having to do with hiring" that the Equal Opportunity Commission requires you to keep for at least one year after the date of the decision (if you have 15 or more persons).
- Once a discrimination charge has been brought or any court action has been pursued, keep the background check records until the matter has been resolved.
- Remove any especially sensitive background check records from the file. If the reference background check records include credit background checks or criminal record reports, you may want to put them in a separate file with the person's medical background check records (which also by law must remain confidential). This would prevent supervisors from seeing the information when reviewing a personnel file.
- If you take reference reports out of a personnel file, leave a note in the file indicating where they are.

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