How does an in-house background check work?

An in-house background check is very similar to a third-party background check by an outside background check company, except the employer alone is responsible for conducting the research, without any outside assistance.

Any employer may conduct an in-house background search in the following ways:[1916]

    Looking at public records, such as criminal convictions and civil judgments. You have a right to see any public records that the employer looked at; see PG. 579 below for more information.
    Talking to friends, neighbors, former employers, or colleagues about your character, reputation, or living situation. The questions should be related to job skills, ability to work with others, attendance, attitude, and ability to follow instructions and receive criticism.
    Verifying school records—your attendance and any degrees you earned. However, employers cannot see your transcripts (courses and grades) or other school records (e.g., disciplinary records) unless you give written consent.[1917]
    Online searches—like searching for your name on Google, looking at your Facebook page, checking other social networking sites (Twitter, MySpace, etc.), and checking websites that post mug shots.[1918] Note: An employer cannot ask you for your social networking username or password or make you show them your online profile.[1919]
  1. 1916

    See Law Office of Melissa C. Marsh, How To Perform Employee Background Check In California, http://www.yourlegalcorner.com/articles.asp?id=51&cat=emp. ↑

  2. 1917

    20 U.S.C. § 1232g(b)(1). ↑

  3. 1918

    California law prohibits regular employers from using information taken from Megan’s Law websites (which list people required to register under Penal Code 290) when deciding whether to hire you or when making any other employment decisions. Cal. Penal Code § 290.46(l). However, employers can use the same information if taken directly from public records (like court records), rather than from online websites. (In general, the only employers who can use Megan’s Law website are the same employers who can see your RAP sheet.) ↑

  4. 1919

    Cal. Lab. Code § 980. ↑