A former employer can say anything truthful about your performance. However, most employers have a policy to only confirm dates of employment, final salary and other limited information.

An exception to this are jobs such as truck driver positions, which fall under Department of Transportation regulations where employers are required to accurately respond to an inquiry from a prospective employer about whether you took a drug test, refused a drug test or tested positive in a drug test.

Yes, if the background check is conducted by a consumer reporting agency (not an FBI background check), you do have rights. You can learn more about them in our Background Check Basics.

Sometimes. The Federal Bureau of Investigation's (FBI) National Crime Information Center (NCIC) criminal records database may be accessed for some criminal history checks, depending on the kind of job involved. The National Child Protection Act authorizes states to establish procedures for criminal history checks using the NCIC  for employees and volunteers who work with children, elderly individuals and persons with disabilities.

Generally yes. Service records can only be released under limited circumstances unless you provide authorization (the military can release your name, rank, salary, duty assignments, awards and duty status without your consent). Any request you don’t authorize would have to be made under the federal Freedom of Information Act.

Maybe. When a specific law requires a background check, that law usually outlines the rights employees or applicants have as well. These rights may or may not coincide with those you’d have under the Fair Credit Reporting Act (FCRA).

No, an employer can’t review your credit report in California unless the position falls into an exemption. Exemptions include 

They shouldn’t, but definitions of expungement vary from state to state. The records might not completely disappear and might still be available to law enforcement. There are also data brokers that collect and publish publicly-available information whose websites may not be updated to reflect an expungement (making it possible for someone to come across an expunged record). 

Generally, yes. A school shouldn’t release student records without the authorization of an adult-age student or parent. However, a school may release directory information (for example, your name, address, dates of attendance, degrees earned and activities) unless you’ve opted out.

The screening company has 30 days to investigate after you file your dispute. If you file additional information during that 30 days, the time may be extended by another 15 days (maximum total of 45 days allowed to consider your dispute).

It should not. According to the U.S. Equal Employment Opportunity Commission, you can’t be denied employment based on a criminal record alone. It requires the employer to also consider

• the nature and gravity of the offense or offenses
• the time that has passed since the conviction and completion of the sentence
• the nature of the job held or sought