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Background Screening: The Test That Gets Taken Without You

Some jobs, especially those in which applicants will work with valuable materials, proprietary or otherwise secret information, or controlled or dangerous substances, require background checks. Like pre-employment tests, these checks look at who you are. Unlike most personality assessment tests, however, background checks are looking for negative information: whether there is anything in your past or current life that could constitute a threat to your prospective employer or whether you have omitted or falsified information on your application.

Under the Fair Credit Reporting Act of 1997, you have specific rights and your prospective employer has specific obligations when performing background checks:

  • The employer has to let you know, in writing and in a separate document, that a background check will be made.
  • The employer cannot check official records (your college transcripts, criminal convictions, credit reports, etc.) without first obtaining a signed release from you.
  • The employer also has to let you know (not necessarily in writing) that the references you listed will be contacted as part of the background check.
  • If you don't get the job because of something the background check turns up, the employer is required to send you a copy of the report and a summary of your legal rights.
  • You have the right to look at your report and submit written corrections of any information that is inaccurate. You usually have a fairly narrow window (30 days) in which to do this.

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