Background check basics
Additional Topics
Articles
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Does an Employment Credit Check affect my credit score?
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If I have a criminal record that was dismissed, can I still get a job?
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What will companies do with the arrest information that appears on my report?
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Will a background check show a DUI?
Read MoreThe short answer to this question is “it depends.”
Driving under the influence (DUI) of alcohol or drugs is considered a criminal offense in many places. That also means that it may show up on a criminal background check or on a motor vehicle record (MVR) check.
Whether or how a DUI shows up in a background check report can depend on whether there has been a conviction for the DUI or if it is still a pending case. Criminal searches can show pending cases. DUIs are less likely to appear on an MVR if the case is still pending.
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Is my information private?
Read MoreIf you have questions regarding the information we collect, please refer to our Privacy Policy and User Terms.
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Can Checkr report arrest records on my report?
Read MoreUnder the FCRA, arrests are reportable for seven years from the arrest date and can appear on a background report for seven years.
However, some states entirely prevent arrests from being reported. These states include California, Kentucky, New York, and New Mexico.
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What does “restoration of rights” mean?
Read MoreIn general, this indicates that a court has restored a person’s rights, for example, to vote, hold public office, serve on a jury, or to be a notary public. This does not necessarily change the disposition or reportability of the associated record(s). If you have specific questions about the meaning of the disposition or other record information on your report, you should contact the court directly.
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How do I get a refund for my report?
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Is Checkr allowed to report this record?
Read MoreUnder the Fair Credit Reporting Act (FCRA), convictions can appear on background check reports regardless of when they occurred. However, some states have limited the scope of conviction reporting to seven years, including California, Kansas, Massachusetts, Maryland, Montana, New Mexico, New York, New Hampshire, and Washington.
Under the FCRA, non-convictions are reportable for seven years from the file date and can appear on a background report for seven years.
However, some states entirely prevent non-convictions from being reported. These states include California, Kentucky, New York, and New Mexico.
A "non-conviction" could include dismissed cases, not-guilty verdicts, alternative or deferred adjudications (programs that result in dismissed charges if the defendant completes certain conditions), and nolle prosequi (formal abandonment of prosecution).
Other state- and industry-specific considerations to be aware of include:
California:
- Marijuana Misdemeanors: Non-felony (misdemeanor) convictions for marijuana possession can only be reported for two years from the disposition date.
- Transportation Networks (TNC) or Rideshare Companies: Background checks for TNCs/rideshare companies can report convictions beyond seven years, regardless of when they occurred.
Maryland: Background checks for TNCs/rideshare companies must look back through the "entire adult history" of candidates, including convictions older than seven years.
Kentucky: Pending criminal cases are never reportable.
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What is the Fair Credit Reporting Act (FCRA)?
Read MoreThe Fair Credit Reporting Act (FCRA) is a federal law that governs how companies order and consider consumer reports, (including background checks). Enforcement of the FCRA is overseen by the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB). The law was enacted to promote the accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies like Checkr. To that end, it provides safeguards and rights for consumers like you.
For more information, please see What is the Fair Credit Reporting Act (FCRA)? in the Checkr Help Center.
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Why did a company order another background check on me?
Read MoreThe company you are engaged with may ask Checkr to run a new background report as part of their continuous trust and safety process and collected your consent to run background reports during the duration of your engagement. Before ordering your report, the company you are engaged with certified to us that it had obtained your consent.
Please reach out to the company you are engaged with to answer any questions about your consent to run background reports, including if you would like to withdraw your consent.