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Background Check Policy
Background Check Policy
Company Name
Effective Date
Policy Owner
Approved By
Background Check Vendor
1. Purpose & Scope
(a)This policy establishes the Organization's requirements for conducting pre-employment and, where applicable, periodic background checks to protect the Organization, its employees, clients, and stakeholders.
(b)All background checks shall be conducted in compliance with applicable federal, state, and local laws, including the Fair Credit Reporting Act and any ban-the-box legislation in effect in the candidate's jurisdiction.
(c)The HR department, in conjunction with the approved third-party screening provider, shall administer all background checks. No Hiring Manager or department shall independently conduct or commission background checks.
2. Types of Background Checks
(a)Standard background checks for all positions shall include identity verification, employment history for the preceding 7 years, educational credential verification, and a criminal record check.
(b)Enhanced checks for positions involving financial authority, client data access, or regulatory requirements shall additionally include credit history, professional licence verification, and sanctions screening.
(c)The Organization may conduct motor vehicle record checks for positions requiring driving as a regular duty. Candidates must possess a valid licence and a driving record free of major violations within the preceding 3 years.
(d)For positions with access to vulnerable populations, the Organization shall conduct additional checks including child abuse registry searches and adult abuse registry searches where legally required.
3. Candidate Consent & Notification
(a)The Organization shall obtain written authorisation from the candidate before initiating any background check. The authorisation form shall clearly describe the types of checks to be conducted and the candidate's rights.
(b)Candidates shall be notified promptly if a background check reveals adverse information that may affect the hiring decision. The Organization shall follow the pre-adverse and adverse action procedures required by the FCRA.
(c)The Organization shall not withdraw a conditional offer solely on the basis of a criminal record without conducting an individualised assessment considering the nature of the offence, the time elapsed, and the relevance to the position.
4. Data Security & Record Retention
(a)All background check reports and related documents shall be stored securely with restricted access limited to authorised HR personnel. Reports shall not be shared with Hiring Managers in their entirety.
(b)Background check records shall be retained for a minimum of 5 years from the date of the hiring decision or for the duration required by applicable law, whichever is longer. Secure destruction shall follow the Organization's data retention policy.
(c)The Organization's third-party screening provider shall be contractually required to maintain SOC 2 Type II certification, FCRA compliance, and data security standards equivalent to or exceeding the Organization's own requirements.
5. Periodic Checks & Policy Compliance
(a)Employees in designated sensitive roles shall be subject to periodic background re-checks at intervals of no less than every 3 years. Employees shall be notified in advance and consent shall be re-obtained.
(b)Violations of this policy, including conducting unauthorised background checks or improperly accessing or disclosing background check information, shall result in disciplinary action up to and including termination.
(c)This policy shall be reviewed at least annually by the policy owner in consultation with Legal Counsel to ensure continued compliance with evolving background check legislation and regulatory requirements.
The guide
Everything you need to know about the background check policy
What Is a Background Check Policy?
A background check policy defines how and when your organization verifies information about candidates or employees, such as employment history, education, criminal records, or credit where relevant. It sets out which roles require checks, the process for obtaining consent, and how results are evaluated. The policy ensures screening is consistent, job-related, and compliant with privacy and anti-discrimination laws rather than applied arbitrarily.
Why Companies Need a Background Check Policy
Background checks reduce hiring risk, protect existing staff and customers, and help you meet regulatory duties in sensitive roles. Without a policy, inconsistent screening can expose you to discrimination claims or privacy violations. A written policy ensures checks are relevant to each role, consent is properly obtained, and results are assessed fairly, giving candidates due process while keeping your decisions legally defensible.
What a Background Check Policy Should Include
Identify which checks apply to which roles and why each is job-related. Describe how candidate consent is obtained, the vendors or methods used, and the timing (usually after a conditional offer). Explain how adverse findings are evaluated individually, the candidate's chance to respond, and data handling and retention rules. Reference relevant laws so screening stays compliant across the jurisdictions where you hire.
Checks are usually run after a conditional job offer, so screening is tied to a real hiring decision and limits unnecessary data collection. This timing also helps with compliance in jurisdictions that restrict early criminal history inquiries. State the point clearly in your policy.
Yes, in nearly all jurisdictions you must obtain clear written consent before running a check, and candidates have rights if adverse action follows. Use a standalone disclosure and consent form, and follow required notice steps if results affect your decision.
Not automatically. Many laws require an individualized assessment of how the offense relates to the specific job, its severity, and how long ago it occurred. Give the candidate a chance to explain, and document a job-related reason for any decision.
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