Fair credit reporting act employee background check

Independent Contractor FCRA Ruling - Employment Screening Resources

GoodHire is committed to monitoring changes in FCRA disclosure and authorization guidelines, and maintains a library of compliant forms in our library of downloadable resources. Consult your legal counsel to ensure full compliance, or consider working with a background check provider like GoodHire, which helps employers meet compliance requirements with all local and national regulations.

Employers who follow the requirements outlined above can move forward with or outsource to a third party CRA its pre-employment background checks, confident they are in compliance with FCRA regulations. To stay FCRA compliant, additional steps are necessary once the results of the background check are returned. GoodHire's e-consent and template consent form meet federal compliance obligations.

In the event you'd like to provide your own consent form, we can upload your custom e-consent into the candidate flow and it will be provided to each candidate you invite to screen through GoodHire. For example, employers in California requesting credit checks on candidates must provide additional information to the candidate setting forth the exception under the credit inquiry ban that allows them to make the inquiry.


  • Disposing of Consumer Reports.
  • Employers Must Update Background Check Paperwork Under the Fair Credit Reporting Act;
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Disclaimer: The resources provided here are for educational purposes only and do not constitute legal advice. We advise you to consult your own counsel if you have legal questions related to your specific practices and compliance with applicable laws. That means she follows new legislation and court decisions and advises the company on processes that follow compliance best practices.

In this video, find out which states are passing new ban-the-box laws or Should You Regularly Screen Employees? Stay on top of ever-changing background check laws with our ultimate guide to background check compliance. All rights reserved. Get Started.


  • Fair Credit Reporting Act - FindLaw.
  • Fair Credit Reporting Act (FCRA) and Employment.
  • FCRA Background Check - Compliant Employee Screening.
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Elizabeth McLean. However, a consumer reporting agency may continue to report information it has verified as accurate. Consumer reporting agencies may not report outdated negative information. In most cases, a consumer reporting agency may not report negative information that is more than seven years old, or bankruptcies that are more than 10 years old.

A consumer reporting agency may provide information about you only to people with a valid need—usually to consider an application with a creditor, insurer, employer, landlord, or other business. The FCRA specifies those with a valid need for access. You must give your consent for report to be provided to employers.

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New Compliance Requirements for FCRA Background Checks

A consumer reporting agency may not give out information about you to your employer, or a potential employer, without your written consent given to the employer. Written consent generally is not required in the trucking industry. For more information, go to www. You may limit "prescreened" offers of credit and insurance you get based on information in your credit report.


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  5. Unsolicited "prescreened" offers for credit and insurance must include a toll-free phone number you can call if you choose to remove your name and address from the lists these offers are based on. You may opt-out with the nationwide credit bureaus at If a consumer reporting agency, or, in some cases, a user of consumer reports or a furnisher of information to a consumer reporting agency violates the FCRA, you may be able to sue in state or federal court.

    Identity theft victims and active duty military personnel have additional rights.

    Beyond “Credit Reporting”

    To download the Summary of your rights when you believe you are the victim of identity theft, click here. For the Spanish version, click here. States may enforce the FCRA, and many states have their own consumer reporting laws. In some cases, you may have rights under state law.

    Question: Do all companies have to follow FCRA guidelines for employment background checks?

    For more information, contact your state or local consumer protection agency or your state Attorney General. Skip to main content.

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    FCRA for Applicants A Summary of Your Rights Under the Fair Credit Reporting Act The federal Fair Credit Reporting Act FCRA promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies, including credit bureaus and specialty agencies such as agencies that sell information about check writing histories, medical records, and rental history records.