How to Do a Background Check

Get Started Now With Our Step-by-Step Background Check Start-Up Kit

The following 4 step process provides step-by-step guidance for doing employment background checks.

Note: You can download all documents and forms in a compressed zip file [Download Entire Start-Up Kit].
Note: Most documents are pdf. Use Adobe® Reader® 5.0 or higher. Get Adobe® Reader® for free:

Step 1: Open a Background Check Account -- FREE Setup

Review the following document before getting started:

Notice to Users of Consumer Reports: obligations of users under the FCRA; summarizes your obligations under the FCRA. [Download]

Complete and return the following:

Agreement: Complete, sign, and return. [Download]
Supplemental Agreements:
- If you expect to order California Workers' Compensation reports, complete and return the California Workers' Compensation Form [Download].
- If you expect to order Drug Screening, complete and return the Drug Screening Account Information Form [Download].
- If you expect to use E-Verify or Form I-9, complete and return the Client Registration Forms [Download].
- Please notify our office if you expect to order Credit Reports.
Account Information: Complete both pages and return [Download] or
[Download] (fill-in-the-blank version).
FCRA Requirements: Sign and return. [Download]
Access Security Requirements: Sign and return. [Download]

Step 2: Provide applicant notice & Obtain Permission

Before ordering a background check you must provide written notice to the applicant/employee and obtain written permission. Elements of the notice and permission may vary by jurisdiction. Elements may include:

FCRA Notice, A Summary of Your Rights Under the Fair Credit Reporting Act (applicant’s rights): [Download]
California Notice (Required by Civil Code §1786.16(a) & Labor Code §1024.5): [Download Sample]
New York Notice, New York Correction Law Article 23-A, Licensure and Employment of Persons Previously Convicted of One or More Criminal Offenses: [Download]
Note: Also post this document in a conspicuous manner and place accessible to employees
Applicant Authorization and Release: [Download] or
[Download] (fill-in-the-blank version)

NEW: For information about our New Paperless Background Check Applicant Interface see Online Background Check Applicant Interface.

Step 3: Place a Background Check Order

Select the type of background check you want to perform:

Basic Background Check: The minimum information you should obtain, even when you are limited by budget or other constraints, see Basic Background Check
Comprehensive Background Check: When you want to be thorough and have it done right, see Comprehensive Background Check: The Best Background Check

Send us each of the following to place an order:

Employee Background Check Request: [Download] or
[Download] (fill-in-the-blank version)
Applicant Authorization and Release
A copy of the Job Application and/or Resume

NEW: For information about our New Paperless Background Check Ordering option see Online Background Check Applicant Interface.

Step 4: Review and Act on the Background Check Report

The federal FCRA and various local, state, and federal laws and regulations govern the actions taken by users of background checks (see Background Check Related Laws). Each of the following actions may be governed by such laws and regulations.

Review the report to verify that the applicant meets the job requirements.
Provide the applicant/employee with a copy of the report as appropriate.
If the background check report contains information that indicates identity theft may be involved, 1) employ reasonable procedures to verify the identity of the applicant before giving him/her a copy of the report and 2) refer the applicant to Applicant FAQ: I may be the victim of identity theft, what should I do?
If the applicant/employee is to be denied employment or promotion based at least in part on information provided by A Matter of Fact caution is advised (seek legal counsel prior to taking adverse action). You will need to provide both pre and post adverse action notices. For Sample Denial Notifications, log into your background check tracking system account and select the Workspace tab. Go to the Report Results page for the applicant in question and scroll down to the "Disclosures and Forms" drop-down on the bottom right hand side of the screen. Select the desired form and print. Note: If the potential adverse action is based on the existence of a criminal record, you may need to conduct an individualized assessment. See EEOC Guidance On Use Of Criminal Records.

Bonus Step: Background Check Badges

We suggest you use an A Matter of Fact Background Check Badge to help get the "word out" that your organization conducts background checks. A Matter of Fact badges inform prospective employees, investors, and other stakeholders, that you are careful in your hiring process and what their benefits are for working with your organization. To learn more, see Thorough Background Check Badges. To view the page they will see when they click on the badge, go to We Conduct Thorough Background Checks.

Disclaimer

A Matter of Fact is not a law firm and cannot provide legal advice. Legal counsel should be consulted concerning specific legal responsibilities, and to ensure that background check policies and procedures are in compliance with applicable local, state and federal laws and regulations.