Employers run criminal background checks to provide a safe workplace for their staff and customers and meet certain compliance requirements in their industry. Job seekers, especially those with any run-ins with the law, are curious what employers will see on criminal background checks.

The answer is, "It depends". 

With many types of background searches, and different laws in certain jurisdictions, information on criminal background checks could vary. The employer would need to know the information required to meet the hiring requirements of their organization, the restrictions of their jurisdiction, and how best to obtain that information. 

In general, here's what information shows up on criminal background checks.

As more job applicants are failing pre-employment drug tests than ever before, employers must raise awareness of or reexamine their drug testing and substance abuse policies. A lower unemployment rate is good for the country but it also means that employers have a smaller pool of candidates. Limited job seekers and drug test failures could challenge the hiring policies of employers. Nevertheless, employers still have the right to screen candidates for drug usage, especially with the legalization of marijuana and an opioid addiction crisis. 

Here are some statistics on failed drug tests and how employers can keep a drug-free workplace.

Background checks reveal information about a person's character, reputation, and experience. Depending on the types of screens, these exploratory investigations vary on the information they'll uncover.  Employers may use background checks to disclose personal finance information, civil records, education, licensing, criminal records, and previous employment history.

As more employers rely on background checks to screen job candidates, the history of employment background screening reveals why.

*Note: This post has been updated from its original post date of November 10, 2016.

As of January 2018,  8 states and Washington D.C. have passed broad legislation for the legalization of marijuana for recreational use and 29 states for medical use. States that now allow adult citizens to smoke weed include Colorado, Alaska, Oregon, Washington, California, Maine, Massachusetts and Nevada. Other states have passed laws allowing marijuana for medical use. This list may not be comprehensive and could be outdated as more legislation is passed. We will continue to update when possible.

These results may have employers concerned about background screening and marijuana use on the job. Here are some things to consider.

Employers depend on accurate criminal history records when making a hiring decision based on background screening. A criminal background check is used to ensure a safer workplace and reduce the risk of negligent hiring claims. When making a hiring decision based on a background check report, however, the employer must show that there is areason that the criminal record affects the hiring decision. The employer's policy must be reasonably related to the job requirements.  

So when should employers consider criminal history records? Here's what you need to know...

When background screening a new employee or current employees, accuracy is vital. Not only do employers want the truth about potential criminal activities, candidates and employees don't want to lose an employment opportunity due to false information.  Employers must also allow the screened applicant time to dispute inaccurate information through the use of FCRA adverse action procedures.  In other words, the veracity of criminal background checks is very important.

When screening an employee, how accurate are criminal background checks?

The resume is flawless. The interview went perfectly. The job is yours, depending on the results of a background check and...drug screening. The very thought is frightening to most applicants, whether they use recreational drugs or not, when a great job is on the line. What exactly will employers find in that drug screening? The answers may surprise you. 

When a hiring manager is anxiously waiting results of a background check, it can feel like forever. If you've already decided that the candidate is perfect, it can seem especially frustrating. Hiring managers are nervous about missing out on high quality candidate and understand the necessity of perfect timing during the hiring process. Should you offer the job or run a background check first? Either way, a background check seems like necessary evil.

When you're ready to secure the future of a job candidate, why does a background check take so long?

Spring temperatures mean summer is coming quickly. Summer camps, retail, hospitality, sports leagues and other seasonal hiring and/or volunteering is underway or at least front of mind. While it may seem that background screening is too much of an investment for temporary work or service, there are many valid reasons for including it in the hiring process.

While summer jobs and volunteer opportunities provide valuable experience for the job seeker, employers must still protect themselves with background checks.

From 10+ years experience performing background checks, we know that employers are looking to save both time and money when hiring. Saving time and money also means ensuring the right person is hired because employee turnover definitely puts a dent in hiring costs. At a minimum for all candidates, a national criminal background check is definitely on the list of recommended basic background checks. Some employers may do an internet search for a "national criminal check" and hope to find quality data to help with their hiring decision. Be wary.

Is a National Background Search all-inclusive? The short answer to this is no.