Background Check Privacy

What can't be included in a background check? There is some information that cannot be disclosed under any circumstances. School records are confidential and cannot be released without the consent of the student. You cannot be discriminated against because you filed for bankruptcy, however, bankruptcies are a public record, and so, it is easy for employers to obtain the information. Laws vary on checking criminal history. Some states don't allow questions about arrests or convictions beyond a certain point in the past. Others only allow consideration of criminal history for certain positions.


Employers cannot request medical records and may not make hiring decisions based on an applicant's disability. They may only inquire about your ability to perform a certain job. The same holds true for Worker's Compensation. The military can disclose your name, rank, salary, assignments and awards without your consent. Driving records are not confidential either and can be released without consent.


Why do employers want to run a background check? It could be for one of several reasons. If government security clearances are required for the job you are interviewing for, an employment background check may be required. The employer may want to make sure you are telling the truth. It's estimated that up to 53% of resumes can contain false or tweaked information, so, employers want to insure that what they are getting in an employee is what they were promised. The employer may perform abackground check to find out whether actually graduated from the college you said you did or to confirm that you worked at your previous employer(s) during the time stated on your resume or your job application.