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Hiring Processes for Background Screening

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Are there specific processes or records that Virginia employers must follow when performing a background screening?

If you are conducting a background screening, regardless of your state, there are some specific records that are considered to be “best practices” when it comes to screening. Virginia employers do not have any special background check systems or methods to follow that differ from the national standards.

Specifically, when performing a background screening in Virginia or any other state across the country, you will want to check at least five different types of records. These records are: Criminal records, driving records, credit records, educational records and federal court records. Below is more information about each of these different types of records:

Criminal records – the criminal record check will help to determine if a job candidate has a criminal past. If you perform a criminal records check, you may help your company avoid being held liable for any criminal activity that your candidate commits if you hire him or her.

Driving records – the driving record check will unveil any moving violations that a candidate has had. The driving record will also confirm the name, birth date, address, license restrictions and physical description of your job candidate.

Credit records – the credit record check is intended to help potential employers discover whether or not a potential employee is responsible with money.

Educational records – the educational record will help potential employers learn more about the qualifications, certifications, and leadership abilities of the candidate.

Federal court records – employers can learn about any legal or financial problems that a candidate has or has had through a search of the federal courts.

Keep in mind that when you perform a background check on a candidate, there are specific guidelines that you must follow, including the notification of potential employees. The Fair Credit Reporting Act (FCRA) provides guidelines for how employers should handle situations pertaining to credit records.

You should also be aware that you may be able to perform a consumer report background screening of a candidate without actually having the candidate’s consent or awareness, according to the Fair and Accurate Credit Transaction Act (FACT Act). Make sure you understand the specifics of each type of background check you perform in order to ensure that you are not in violation of a candidate’s personal liberties.