What Employers See in a Background Check (And What They Can't)

If you are applying for a job, there is a good chance your employer will run a background check. According to the Society for Human Resource Management, over 90% of employers conduct some form of background screening. Knowing exactly what they can — and cannot — see puts you in a much stronger position.

What Employers Typically See

Criminal History

This is the primary focus of most employment background checks. Employers search for felony and misdemeanor convictions in the counties and states where you have lived. Depending on the service they use, they may also search federal court records.

What appears depends on your state's laws. Some states restrict reporting of convictions older than 7 years. Others allow all convictions regardless of age. Arrests that did not lead to convictions are restricted in many states but not all.

Employment Verification

Many employers verify your previous employment — job titles, dates of employment, and sometimes reason for leaving. They typically contact your former employers' HR departments directly. If you exaggerated your title or claimed to work somewhere longer than you did, this is where it surfaces.

Education Verification

Employers may verify your degrees, certifications, and educational institutions. The National Student Clearinghouse maintains records for most accredited institutions. Claiming a degree you did not earn is one of the most common resume lies — and one of the easiest to catch.

Credit History

For certain positions — particularly in finance, government, and roles with access to sensitive financial information — employers can pull a modified version of your credit report. This does not include your credit score but does show open accounts, payment history, collections, and public records like bankruptcies. You must provide written consent before an employer can access your credit.

Driving Record

If the job involves driving, employers will check your motor vehicle record (MVR). This shows license status, traffic violations, DUIs, and accidents. Even non-driving jobs sometimes check MVRs if the company provides a vehicle or the employee may drive for work purposes.

What Employers Cannot See

• Sealed or expunged records — by law, these should not appear on a background check
• Medical records — HIPAA and the ADA prohibit employers from accessing your health information
• Genetic information — protected under GINA
• Bankruptcy filings older than 10 years — the FCRA limits reporting
• Civil suits and judgments older than 7 years — also limited by the FCRA
• Social media content — technically accessible but many states have laws prohibiting employers from requiring social media access

Your Rights Under the FCRA

The Fair Credit Reporting Act gives you important protections:

A CROW intelligence report pulls directly from court systems and government databases — not recycled data broker files.

• Employers must get your written consent before running a background check
• If they decide not to hire you based on the results, they must provide a pre-adverse action notice with a copy of the report
• You have the right to dispute inaccurate information
• The employer must then send a final adverse action notice with information about your rights

Be Proactive

The best strategy is to run a background check on yourself before your employer does. This way, you can identify and dispute any errors, prepare explanations for legitimate records, and avoid surprises that derail your job search.