What Can't Be On My Employee Background Check?

Federal guidelines stipulate many things that cannot be included in your employee background check. Each state's laws are may add to the list of things not allowed, but the federal guidelines are pretty straightforward.

Under the federal Fair Credit Reporting Act, a background check cannot include:

• Bankruptcies after 10 years.
• Civil suits, civil judgments, and records of arrest, from date of entry, after seven years.
• Paid tax liens after seven years.
• Accounts placed for collection after seven years.
• Any other negative information (except criminal convictions) after seven years.

The most recent change to the FCRA made criminal convictions reportable indefinitely. California, however, still follows the seven-year rule as do some other states. To find the limit for reporting criminal convictions in your state, contact your state employment agency or office of consumer affairs.

Education records are also illegal to use when doing an employment background check. Schools cannot release student records or financial information without the authorization of the student or parent if the student is a minor. Schools can provide what is called directory information, which includes previous addresses, dates of attendance, degrees earned and school-sanctioned activities.

Military records are out too, they are available in background checks only under limited circumstances. Under the Freedom of Information Act, however, people doing a background check can find your name, rank, salary, duty assignments, awards, and duty status.

Medical records are unavailable unless employers doing a pre-employment background check require a physical and you allow the records to be seen.

There are other questions such as age, race, marital status, and certain psychological tests that employers cannot use when interviewing.