What shows up on a background check, and your rights

What shows up depends on what the employer orders. The FTC says employers may ask about or check things like your employment history, education, criminal or other public records, financial or credit history, and public social media activity.^1,2,3

The CFPB says employment screening reports often include credit checks, criminal background checks, public records such as bankruptcy filings and other court documents, and employment history. Laws in your city or state may affect if or when an employer can ask about your criminal or credit history. The facts below go through the main types.

Criminal information in a background report can come from court records, police and corrections agency records, state record repositories, the FBI's national database, and public sex offender registries.^4,5,6

The EEOC's 2012 guidance says searching county courthouse records typically gives the most complete criminal history, and that states differ on whether employers can search their central repositories. The CFPB says screening companies also build and sell private databases of public records, and that how courts keep and share records varies a lot. If a report includes court records for a job decision, the FTC says the screening company must either tell you or follow strict procedures to keep the records complete and up to date. (The EEOC is moving to withdraw its 2012 guidance, as covered below. Its description of where records come from is background, not a rule.)

A record can show an arrest without showing how the case ended. An arrest on a report is not the same as a conviction.^4,5

In a 2019 report, the CFPB says a record may show an accurate arrest but not a later dismissal or deferred prosecution. It cites a 2016 survey finding that, across 50 states and Guam, an average of 68 percent of arrests in state databases had a final outcome reported. The EEOC's 2012 guidance cites a 2006 Justice Department study that found only 50 percent of arrest records in the FBI's database were linked to a final outcome. Federal limits on how long arrests can be reported, and the different rule for convictions, are covered in the time limits section below.

Employers can also search public sex offender registries. The U.S. Department of Justice works with states, territories and tribes on a national search site, NSOPW, that links their public registries.^4,7

NSOPW says parents, employers and others can use it. It also says each jurisdiction hosts its own information and that results should be checked against that jurisdiction's own registry. The EEOC guidance lists state and federal sex offender registries as one source of criminal information. For child care jobs, federal law adds a search of the National Sex Offender Registry (see the fingerprint checks fact below).

Many employers look at your credit report as part of a background check. Under the FCRA, an employer can get it only with your written permission.^2,3,8

The CFPB says employers often ask you to sign a form allowing a credit check, and that other federal or state laws may affect whether and how they can use the information. The FTC and EEOC suggest checking your own credit report before you apply, so you can dispute mistakes before an employer sees them.

Some states limit employer credit checks, with exceptions for certain jobs. Illinois and California are two examples.^8,9,10

Illinois's Employee Credit Privacy Act generally bars employers from asking about credit history, getting a credit report from a screening company, or acting on credit history. It allows exceptions where a satisfactory credit history is a bona fide job requirement, for example jobs with unsupervised access to cash or marketable assets valued at $2,500 or more, and it does not cover some employers such as banks and insurers. California Labor Code section 1024.5 says an employer shall not use a consumer credit report unless the job is on a list, such as managerial jobs, sworn peace officer or other law enforcement jobs, jobs with regular access to $10,000 or more in cash during the workday, or jobs where the information is required by law. These are not the only states. The FTC says some states restrict employers' use of consumer reports, usually credit reports, so check your state's law.

An employer may check your driving record. It comes from a state motor vehicle agency, and what it shows depends on the state.^5,11,12,13

The CFPB lists driving record information among the things employment screening companies may provide. New York's DMV, for example, says a standard driving record abstract lists license class and status, suspensions and revocations, traffic convictions, and accidents, and shows most items for only a limited number of years. Federal law (the Driver's Privacy Protection Act) lets a state release personal information from motor vehicle records to a requester that shows it has your written consent. It separately lets employers get and verify certain information about commercial driver's license holders. For driving jobs under federal trucking rules, a motor carrier must ask each state that licensed the driver in the past 3 years for the driver's 3-year driving record, within 30 days after employment begins.

Some jobs and licenses use fingerprint checks against FBI records, not just name searches. This happens when a specific law allows or requires it.^4,5,14,15

A Justice Department regulation says FBI criminal history records may be made available for licensing or employment under Public Law 92-544 or other federal legislation, and to federal agencies authorized by federal statute or executive order. Child care is one example: federal law requires states that get certain child care funds to run background checks on child care staff that include an FBI fingerprint check, a search of state criminal and sex offender registries, a search of state child abuse and neglect registries, a search of the National Crime Information Center, and a search of the National Sex Offender Registry. A 2019 CFPB report says state and federal laws often require FBI checks with fingerprints for jobs with children, older adults or other vulnerable people. The EEOC's 2012 guidance lists banking, nursing home, securities, nuclear energy and private security guard industries among those that may use the FBI database.

You can ask the FBI for a copy of your own Identity History Summary, sometimes called a criminal history or rap sheet. It is based on fingerprints and costs $18.^16,17,18

The FBI says the summary lists certain information from fingerprint submissions it keeps, related to arrests, and in some cases federal employment, naturalization or military service. You can request it online or by mail, and you must provide fingerprints. If you cannot pay, you can ask for a fee waiver with proof you cannot afford it. The FBI also says a summary you request for yourself is not to be used for employment or licensing, and points employment and licensing questions to your State Identification Bureau. A Justice Department regulation sets the $18 fee but lets the FBI Director change it, so confirm the current fee on fbi.gov.

Screening companies generally search by name and other personal details, not fingerprints, so a report can include records that belong to someone else, such as a person with a similar name.^1,4,5,6

The FTC says a report that lists convictions of other people, for example someone with a different middle name or date of birth, raises FCRA compliance concerns. The CFPB says mismatches can come from identifiers that are not unique, are common, or are wrong, and that a report can list the same case more than once. If a record is not yours, dispute it with the screening company. The FTC also treats listing expunged or sealed records as a warning sign (see the FCRA section below). The EEOC's 2012 guidance cites a report finding that a court order sealing or expunging a record does not mean private companies will delete it.

Screening companies can also check your education and professional licenses. An FTC staff opinion says these checks, like criminal history checks, are consumer reports under the FCRA when a screening company provides them.^5,19,20

That means the FCRA rules in the sections below on written permission, notices and disputes apply to them. The CFPB also lists employment, salary, education and professional license verification among screening company services. The opinion is a 1998 staff view and does not necessarily represent the views of the Commission. FTC staff repeated the point in a July 2011 staff report summarizing its FCRA interpretations. Staff views are not binding.

Whether a drug test result falls under the FCRA depends on who reports it. An FTC staff opinion says a result sent straight from the lab to the employer is not a consumer report, but one reported by a screening company is.^19,20

The same 1998 staff opinion says a go-between needs a case-by-case look. One that only arranges the test, forwards samples and passes along results probably is not a screening company. One that adds to or decides the content, or regularly sells stored results, is. FTC staff repeated the lab-to-employer point in a July 2011 staff report. The opinion speaks only to the FCRA and is the staff's view, not a rule.

Under the federal Fair Credit Reporting Act (FCRA), an employer must get your written permission before it gets a background report about you from a background screening company.^1,3,8

The employer must also tell you, in a separate stand-alone document (not buried in the job application), that the report could be used to decide whether to hire, promote, or fire you. You can say no, but the employer may then turn down your application.

Before an employer decides not to hire, keep, or promote you because of something in a background report, it must give you a copy of the report and a document called "A Summary of Your Rights Under the Fair Credit Reporting Act."^1,8

This step comes before the final decision, so you have a chance to see what the employer saw and point out mistakes.

If an employer does turn you down because of a background report, it must tell you so (orally, in writing, or electronically) and give you the name, address, and phone number of the background screening company.^1,21

The notice must also say that the screening company did not make the decision and cannot explain it, that you have the right to dispute inaccurate or incomplete information with the screening company, and that you can get an extra free copy of your report if you ask within 60 days.

You have the right to dispute inaccurate or incomplete information in your background report directly with the company that made it.^1,6

The FTC says screening companies must do a reasonable investigation when you dispute something and send you written notice of the results. The FTC also suggests including supporting documents and asking the company to send a corrected report to the employer.

Screening companies must follow reasonable procedures to make reports as accurate as possible, and the FTC has said that listing criminal records that were expunged or sealed can be a sign a company is not doing that.⁶

Under the FCRA, background and credit reports generally cannot include arrest records, civil lawsuits, or civil judgments that are more than seven years old (or older than the statute of limitations, if that is longer).^22,23

The same seven-year limit covers paid tax liens, accounts sent to collection or charged off, and any other negative item that is not a criminal conviction. Bankruptcies can be reported for up to 10 years.

The FCRA's seven-year limit does not apply to criminal convictions, so under federal law a conviction can show up on a background report no matter how old it is.^22,24

The statute excludes "records of convictions of crimes" from the seven-year rule. FTC staff explained in a 1998 advisory opinion that, after a 1998 change to the law, convictions may be reported regardless of how long ago they happened.

The FCRA's time limits do not apply when the report is for a job with a yearly salary of $75,000 or more (or one reasonably expected to pay that much).^22,23,24

The limits also do not apply to reports for credit or life insurance of $150,000 or more. The statute says "$75,000, or more"; the CFPB's consumer page describes it as a job paying more than $75,000 a year.

The FCRA generally overrides state laws about what information can go in a consumer report, but it leaves in place state laws on that subject that were already in effect on September 30, 1996.^8,25

Because of this, the rules in your state can differ from the federal ones. The FTC also tells employers to check their state's laws, noting that some states restrict using consumer reports for jobs.

You can ask a background screening company for the information it has on you, and the CFPB keeps a list of consumer reporting companies, including employment screening companies, with their contact details.^1,6,26

The FTC says screening companies must give you access to your file when you ask. The CFPB list marks companies that offer a free report; the CFPB says the list was current as of January 2025, is not complete, and was not independently checked. If an employer turned you down because of a report, you can get a free copy if you ask within 60 days.

On April 25, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) issued enforcement guidance on how Title VII of the Civil Rights Act applies when employers use arrest and conviction records.⁴

The guidance says it does not have the force of law and stays in effect until rescinded or superseded. As of October 28, 2026, it had not been rescinded, but the EEOC had scheduled an October 30, 2026 vote on rescinding it (see below). Check the EEOC's page for its current status.

The EEOC is moving to withdraw this guidance. On October 6, 2026, it sent a final rule rescinding the guidance to the White House Office of Management and Budget (OMB) for review. OMB finished its review on October 22, 2026, and finished a review of a resubmitted version on October 26. The EEOC scheduled a public meeting for October 30, 2026 to consider the rescission. As of October 28, 2026, the rescission had not been published in the Federal Register, so it had not taken effect.^3,27,28,29

Withdrawing the guidance would not change Title VII itself. Title VII still makes an employment practice that causes a disparate impact based on race, color, religion, sex or national origin illegal if the employer can't show it is job related for the position in question and consistent with business necessity, or if the employer refuses to adopt an alternative practice the applicant identifies. Treating applicants of one race or ethnicity differently from others under a background check policy is also still illegal. The Fair Credit Reporting Act, which the FTC enforces, and state and local fair-chance laws are separate from the EEOC guidance being rescinded.

The EEOC guidance says an arrest by itself does not prove someone did anything wrong, so turning someone down based only on an arrest is not job related and consistent with business necessity.⁴

An employer may still act on the conduct behind an arrest if that conduct makes the person unfit for the job. A conviction, by contrast, will usually be enough evidence that the person engaged in the conduct, though the record can be wrong or out of date. (This is from the EEOC's 2012 guidance, which the EEOC is moving to rescind.)

The EEOC guidance names three factors for judging whether a criminal record is relevant to a job: the nature and gravity of the offense, how much time has passed since the offense or the end of the sentence, and the nature of the job.⁴

These are often called the "Green factors," after the court case Green v. Missouri Pacific Railroad. (This is from the EEOC's 2012 guidance, which the EEOC is moving to rescind.)

The EEOC guidance describes an "individualized assessment": the employer tells you that you may be excluded because of your record, and you get a chance to show why the exclusion should not apply to you.⁴

For example, you might show the record is wrong, or share evidence of rehabilitation or your work history. The employer then considers whether excluding you is still job related and consistent with business necessity. (This is from the EEOC's 2012 guidance, which the EEOC is moving to rescind.)

Federal anti-discrimination law applies to background checks: the EEOC and FTC give the example that it would be illegal to reject applicants of one ethnicity with criminal records but not others.³

They also say a policy that looks neutral can still be illegal if it hurts people of a particular race or national origin much more than others and is not job related and consistent with business necessity.

The Fair Chance to Compete for Jobs Act bars federal agencies from asking job applicants about criminal history before making a conditional job offer. It took effect December 20, 2021, two years after it became law on December 20, 2019.^30,31

Exceptions include cases where the law requires the information earlier, federal law enforcement officer jobs, jobs needing certain eligibility determinations, and other jobs the Office of Personnel Management (OPM) names in regulations. OPM issued final regulations, published September 1, 2023 and effective October 2, 2023, which also set up a complaint process for applicants.

The same law bars federal contractors from asking applicants about criminal history before a conditional job offer, for jobs related to work under a federal contract.³²

It applies to contracts awarded under solicitations issued after the law's effective date (December 20, 2021). Exceptions include cases where the law requires the information earlier, contracts needing access to classified information or sensitive law enforcement or national security duties, and jobs the General Services Administration names in regulations.

According to the National Employment Law Project (NELP), 15 states require private employers to remove conviction-history questions from job applications: California, Colorado, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington.³³

NELP also counts 37 states with statewide fair-chance policies for public-sector jobs and more than 150 cities and counties with their own policies. Source type: nonprofit advocacy research, not a government source. NELP's guide is dated October 1, 2021 (page last modified August 2025) and gives no separate as-of date for these counts, so they may be out of date.

According to the Clean Slate Initiative, 14 states and Washington, D.C. have passed Clean Slate laws that meet its criteria for automatically clearing eligible records: Pennsylvania, Utah, New Jersey, Connecticut, Michigan, Delaware, Virginia, California, Oklahoma, Colorado, Minnesota, New York, Illinois, and Missouri, plus D.C.³⁴

Missouri was added as the 14th state in a July 9, 2026 update. Source type: nonprofit advocacy organization, not a government source. Which records qualify, and when clearing starts, depends on each state's law.

The Federal Bonding Program, run by the U.S. Department of Labor, lets states give employers free fidelity bonds that protect them against losses from a newly hired worker's dishonest acts, for job seekers with past justice involvement or in recovery from substance use.^35,36

The Department of Labor's program page says the bonds cover the first six months of employment at no cost to the job applicant or the employer. A 2021 Department of Labor news release described each bond as at least $5,000 (up to $25,000 per person). Terms are set by the program, so confirm current details with your state workforce agency.

The Work Opportunity Tax Credit (WOTC) is a federal tax credit for employers who hire people from certain groups, including a "qualified ex-felon": someone hired within a year of a felony conviction or of release from prison for that felony.^37,38

The employer must get certification that the new hire is in a target group before claiming the credit. The IRS describes the general credit as 40% of up to $6,000 in first-year wages (up to $2,400) for workers who put in at least 400 hours.

The WOTC was authorized only for workers who began work on or before December 31, 2025. As of October 28, 2026, the DOL and IRS pages still showed that end date, and we found no renewal by Congress.^37,38,39

The Congressional Research Service reported (May 13, 2026) that employers' authority to claim the credit lapsed on January 1, 2026, and noted that Congress has lapsed and retroactively renewed the credit several times before. Check the DOL or IRS page for the current status before mentioning it to an employer.