Before You Run A Background Check
Before running a background check from a Consumer Reporting Agency (CRA), you must inform the candidate or employee. The notification must stand alone and cannot be hidden within an employment application. In other words, the notification absolutely cannot have a release of liability included. Employers may give a brief description of the nature of the background check, but cannot distract from the written notice or use additional text to confuse the message.
In addition to the notification, employers must obtain written permission from the candidate or employee. Without explicit consent, employers are not authorized to obtain any information. And, you must be able to certify that the candidate or employee was notified and provided consent, in addition to compliance with FCRA requirements and that you will not misuse the information or discriminate against the candidate based on state or federal equal opportunity laws.