Pre Employment Screening Background Check: The Complete Guide for Hiring Managers

Why Pre Employment Screening Matters More Than Ever

Hiring the wrong person can cost your company thousands in lost productivity, legal liability, and rehiring expenses. A pre employment screening background check isn't just a box to check—it's your first line of defense against negligent hiring lawsuits and workplace safety issues.

The statistics are sobering: FCRA-related lawsuits have increased steadily since 2010, with employers facing costly class action settlements when they fail to follow proper procedures. But done correctly, background screening protects your organization while treating candidates fairly and transparently.

This guide covers everything you need to know about running pre employment background checks: what they include, how long they take, legal requirements you must follow, and practical tips for building an efficient screening process.

What Does a Pre Employment Background Check Include?

There's no single "background check" database that contains everything an employer needs. A comprehensive pre employment screening is actually a multi-layered investigation that can include several distinct components:

Criminal History Searches

Criminal background checks are the most common type of pre-employment screening. These searches can include:

• National criminal database searches – Quick initial screening across aggregated records
• County court searches – Direct searches of courthouse records where candidates lived or worked
• State criminal repository searches – State-level criminal records databases
• Federal court searches – Records from the 94 federal judicial districts
• Sex offender registry checks – National and state registries

For truly comprehensive criminal screening, most employers combine national database searches with targeted county searches in areas where the candidate has resided.

Employment and Education Verification

Resume fraud is more common than most hiring managers realize. Employment verification confirms job titles, dates of employment, and sometimes reasons for leaving by contacting previous employers directly. Education verification confirms degrees, dates of attendance, and fields of study with educational institutions.

Additional Screening Options

Depending on the role, you might also include:

• Motor vehicle records (essential for driving positions)
• Professional license verification
• Credit history (typically for financial roles)
• Drug screening
• Reference checks

The scope of your screening should be tailored to the position. A truck driver needs MVR checks; an accountant handling finances may warrant a credit check. Match your screening to the actual job requirements.

How Long Do Pre Employment Background Checks Take?

One of the most common questions from both employers and candidates: how long will this take? The answer depends on several factors.

Typical Turnaround Times by Check Type

The time it takes to perform an employment background check ranges from a few minutes to five business days. Here's what to expect for different screening types:

• Identity verification: Minutes to 1 day
• National criminal database search: Minutes to hours
• State criminal records: 1-3 business days (varies significantly by state)
• County criminal searches: 3-7 business days (depends on whether records are digitized)
• Employment verification: 2-4 business days
• Education verification: 2-5 business days
• MVR/Driving records: Often minutes if records are digitized

On average, employment background checks conducted through a professional consumer reporting agency take three to five business days for comprehensive packages.

What Causes Delays?

Several factors can extend background check timelines:

• Records accessibility: Some counties and states don't have digitized records, requiring manual courthouse searches
• Common names: Candidates with common names may require additional verification steps
• Incomplete candidate information: Missing or inaccurate data slows everything down
• Previous employer responsiveness: If a past employer doesn't respond promptly, verification stalls
• School holidays: Education verifications can be delayed during summer months or breaks
• International records: Verifying overseas education or employment can take one to two weeks or longer

The key to faster turnaround is working with a reliable screening provider and ensuring candidates provide accurate, complete information upfront. Using tools like Galadon's Background Checker for initial screening can help you quickly identify potential issues before investing in comprehensive third-party screening.

FCRA Compliance: Legal Requirements You Must Follow

The Fair Credit Reporting Act (FCRA) is the federal law that governs employment background checks. Violating FCRA regulations can result in substantial consequences, including class action lawsuits, punitive damages, and significant legal fees. Understanding these requirements isn't optional—it's essential for any employer running background checks.

Before Running a Background Check

To conduct compliant background checks, employers must:

1. Provide written disclosure: You must inform the candidate in writing that you intend to obtain a background check. This disclosure must be a standalone document, not buried in application materials or fine print.
2. Obtain written consent: The candidate must sign an authorization form giving you permission to conduct the check. The FCRA permits combining disclosure and authorization in one document, but it cannot include any other notices or waivers.
3. Certify compliance to your screening provider: You must certify to the consumer reporting agency that you've met FCRA requirements and will use the information lawfully.

The Adverse Action Process

If your background check reveals information that may lead you to not hire a candidate, you must follow a specific two-step adverse action process:

Pre-Adverse Action Notice: Before making a final decision, send the candidate a copy of the background check report and a pre-adverse action notification. This informs them that information in the report may disqualify them from employment. You must allow a reasonable waiting period (typically at least five business days) for the candidate to review the report and dispute any inaccuracies.

Final Adverse Action Notice: If you still choose not to hire after the waiting period, send a final adverse action notice that includes the screening company's contact information, a statement that the company (not you) made the decision to report the information, and information about the candidate's right to dispute and obtain a free copy of the report.

What Background Checks Can't Include

The FCRA also limits what can be reported. For positions with annual salaries under $75,000, reports generally cannot include:

• Bankruptcy cases more than 10 years old
• Civil suits, civil judgments, and arrest records more than 7 years old
• Any other adverse information more than 7 years old (except criminal convictions)

Many states have additional restrictions—California, for example, has its own set of rules under the Investigative Consumer Reporting Agencies Act (ICRAA). Always review the laws in your state and municipality before implementing a screening program.

Building an Efficient Pre Employment Screening Process

Now that you understand the components and legal requirements, here's how to build a screening process that's both thorough and efficient.

Step 1: Define Your Screening Policy

Before screening anyone, establish a clear, written policy that outlines:

• Which positions require background checks
• What types of checks are required for each role
• How you'll evaluate findings (the EEOC recommends considering the nature of the offense, time elapsed, and relevance to the position)
• Your adverse action procedures

Apply your policy consistently to all candidates for similar positions. Checking backgrounds selectively based on race, national origin, or other protected characteristics is illegal discrimination.

Step 2: Prepare Your Documents

Have your disclosure and authorization forms reviewed by legal counsel. The most common FCRA violations come from improper disclosure forms—don't include extra language, liability waivers, or anything beyond the disclosure and authorization.

Step 3: Use Initial Screening Tools Strategically

Before investing in comprehensive third-party background checks, consider using preliminary tools to gather initial information. Galadon's free Background Checker provides trust scores and initial screening data that can help you prioritize candidates and identify obvious red flags early in the process.

Similarly, verifying candidate contact information upfront can prevent delays later. Our Email Verifier helps ensure you have valid contact details before starting the formal screening process.

Step 4: Choose the Right Screening Partner

For comprehensive, FCRA-compliant background checks, partner with a reputable consumer reporting agency. Look for:

• FCRA compliance and accreditation
• Transparent pricing
• Reasonable turnaround times
• Support for adverse action processes
• Access to both database and courthouse records

Tools like RocketReach can help you verify candidate information and find additional professional details, while dedicated background screening providers handle the formal checks.

Step 5: Communicate with Candidates

Transparency creates a better experience for everyone. Let candidates know what to expect, how long the process typically takes, and what they can do to help it move faster (providing accurate information, responding quickly to requests). A positive candidate experience during screening reflects well on your employer brand.

Common Pre Employment Screening Mistakes to Avoid

Learn from the expensive mistakes other employers have made:

Improper Disclosure Forms

Don't bury your background check disclosure in application materials or combine it with unrelated documents. It must be a standalone document that clearly communicates your intent to run a background check.

Skipping the Pre-Adverse Action Step

You can't simply reject a candidate based on background findings. The pre-adverse action notice gives candidates the opportunity to dispute inaccurate information—and background check errors do happen. Skipping this step is both illegal and unfair.

Inconsistent Application

Apply your screening policy uniformly. If you run criminal checks on some candidates for a position but not others, you're opening yourself up to discrimination claims.

Overreaching on Credit Checks

Credit checks should be limited to positions where financial responsibility is genuinely relevant. Many states restrict credit checks for employment, and using them inappropriately can expose you to liability.

Ignoring State and Local Laws

The FCRA sets the minimum standard, but many states and cities have additional requirements—including "ban the box" laws that restrict when you can ask about criminal history. Know the rules in your jurisdiction.

Pre Employment Screening Best Practices

To wrap up, here are the practices that separate compliant, effective screening programs from problematic ones:

• Document everything: Keep records of disclosures, authorizations, and adverse action notices
• Train your hiring team: Everyone involved in hiring should understand FCRA requirements
• Review your process regularly: Laws change, and your procedures should evolve with them
• Consider the whole candidate: A background check is one data point, not the whole picture
• Be transparent: Candidates appreciate knowing what to expect
• Use technology wisely: Tools like Galadon's Background Checker can streamline preliminary research while ensuring you follow proper procedures for formal screening

Pre employment screening background checks are a critical part of building a trustworthy, safe workforce. Done right, they protect your company, your employees, and your candidates. Done wrong, they expose you to significant legal and reputational risk. Follow the guidelines in this guide, work with reputable partners, and maintain consistent, documented processes—and you'll be well-positioned to make confident hiring decisions.