If the employer conducts an “in-house” background check
WHAT AN EMPLOYER CAN FIND OUT AND CONSIDER THROUGH THEIR OWN BACKGROUND CHECK INVESTIGATION…AND THE RULES THAT LIMIT THESE SEARCHES.
know your rightsGeneral Overview of the Law & your Rights
- Instead of hiring a background check company, employers can also directly access your criminal record and other public records by conducting their own “in-house” background check on you.Employers are NOT required to get your permission before running an in-house background check.You have the RIGHT to receive a COPY of any public information an employer is viewing. It is recommended that you NEVER give up this right!Your RAP sheet is generally confidential and NOT accessible by employers.Your RAP sheet is not the only place to find your criminal records, because most criminal records are public records.If an employer decides not to hire you based on information in a public record (including criminal court records), the employer MUST give you a COPY of the public records.An employer is NOT required to give you copies of any NON-public information used (such as information from talking to people who know you).
Most employers hire an outside private background check company to gather public record information on job applicants and produce a background check report (this method of running a background check is covered in the previous section, starting on PG. 558).
However, instead of hiring an outside background check company, an employer can conduct its own “in-house” (internal) background check on you. The employer can look at your public records directly, as well as interview your friends, family members, and former employers or co-workers. This “in-house” type of background check is a less common practice, but it is important for you to understand that if an employer chooses this route, there are different legal protections than when a private company runs the background check.