What Is an Employment Background Check?

What an Employment Background Check Generally Means

An employment background check is, in general terms, a process through which an employer reviews information about a job applicant or current employee as part of a hiring or ongoing employment decision. The scope and depth of these reviews vary widely — some are limited in what they examine, while others are more comprehensive.

Among the kinds of information that a background check may examine, criminal history is one category that employers sometimes consider. Whether criminal history is reviewed at all, and what weight it is given, depends on a range of factors — including the nature of the job, the employer's own policies, and the rules that apply in a given jurisdiction.

It is worth understanding that employment background checks are not a single uniform process. What one employer reviews and how they use that information can differ significantly from what another employer does, even in the same field or location.

How Criminal History Generally Factors In

The concept that a criminal conviction can factor into an employment decision is a recognized one, but the reality is considerably more variable than a simple rule would suggest. In general, a conviction does not automatically bar someone from any particular kind of employment — though there are some specific roles and circumstances where legal restrictions may apply.

In many situations, an employer that considers criminal history may look at the nature and circumstances of the offense, how much time has passed, and whether there is a genuine relationship between the conviction and the responsibilities of the job. This kind of individualized consideration is often discussed as a more measured approach, though not every employer applies it in the same way.

How an employer actually uses criminal history information — including which records it looks at, how far back it looks, and what conclusions it draws — varies widely by employer, by job type, and by the jurisdiction in which the employer operates. There is no single answer that applies uniformly across all contexts.

Legal Protections and Limits, in General

In many places, rules exist that govern how and when employers may ask about or use criminal history in employment decisions. These rules vary considerably by jurisdiction and, in some cases, by the type of employer or job involved.

One kind of policy that exists in some jurisdictions is sometimes described generically as a "ban the box" approach. In general terms, this type of policy limits when during the hiring process an employer may ask about criminal history — often delaying that inquiry until later in the process, after an initial interview or conditional offer has been made. These policies are not universal; their existence, scope, and requirements differ significantly from place to place.

Some jurisdictions also have rules about how far back a background check may look, what categories of records may or may not be considered, and what process an employer must follow before taking an adverse action based on criminal history. Whether any of these protections apply in a given situation depends on where the employer is located, where the applicant lives, and other factors specific to that context.

General guidance on these rules is available from government agencies in many jurisdictions, and some people find it useful to seek out information specific to their location when trying to understand what rules may apply.

It Is One Kind of Collateral Consequence

An employment background check that surfaces a criminal conviction is one example of what is broadly referred to as a collateral consequence — an effect of a conviction that extends beyond the sentence itself. Employment is widely recognized as one of the most significant areas where a conviction can have ongoing effects, though it is far from the only one.

Understanding the broader landscape of collateral consequences can help put employment-related effects in context. These consequences vary by conviction type, by jurisdiction, and by the specific circumstances of the case.

• For a broader overview of how a conviction can have effects beyond the sentence, see collateral consequences of a conviction.
• For context on what a conviction itself generally means in a legal sense, see what is a conviction.

Employment background checks are worth understanding as part of this broader picture — not in isolation, but as one of several ways a conviction can have lasting effects on a person's life.

How It Relates to Clearing a Record

In many jurisdictions, legal mechanisms exist that allow certain convictions or arrests to be sealed, expunged, or otherwise removed from a public record. One reason people sometimes explore these options is the potential effect on what appears in a background check.

Whether clearing a record changes what an employer sees — and how much — depends heavily on the jurisdiction, the specific mechanism used, the type of record involved, and the source and scope of the background check itself. In some situations, a sealed or expunged record may not appear in certain background checks; in others, it may still be accessible through some channels.

This area is one where the rules vary considerably and where the practical outcome can differ from what a person might expect. Some people find it useful to understand what record-clearing processes are available in their jurisdiction, and what the general effects of those processes tend to be, before drawing conclusions about what an employer would or would not see.

• For a general overview of how record sealing works as a concept, see what is a record sealing.
• For a broader introduction to expungement and sealing as general legal concepts, see expungement and sealing basics.

Questions to Explore About Employment Background Checks

Understanding how employment background checks work as a concept can raise a number of practical questions. Some people find it useful to ask the following when trying to understand how this area of law and practice applies in a specific situation.

1. What rules, if any, govern when and how employers in this jurisdiction may ask about or consider criminal history in hiring decisions?
2. Does the type of job or employer involved affect what criminal history information may legally be considered, and in what ways?
3. What process, if any, is an employer generally expected to follow before making an adverse employment decision based on criminal history information?
4. In this jurisdiction, would clearing or sealing a particular record affect what appears in the kind of background check an employer typically uses?
5. Are there categories of conviction that, in this jurisdiction, are generally treated differently — whether more or less restrictively — in the context of employment decisions?