Background check permission 2025

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Got questions?

We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.
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No, that is not correct. In the United States, where you live, companies do not need to get your permission in order to conduct a background check on you.
If you refuse to provide them with permission to conduct those standard checks, their most likely response will be to just move on to the next candidate. Therefore, it is always wise to answer Yes when employers ask, May we contact this employer? unless theyre asking to get in touch with your current boss.
Enacted in 2018, Californias Fair Chance Act generally prohibits employers, with five or more employees, from asking a job candidate about their conviction history before making a conditional job offer.
HireRight will never contact your current employer without your permission first. You will be asked if we can contact your current employer immediately, after a certain date, or not at all as part of the application form (and we will act ingly).
On March 23, 2021, Governor J.B. Pritzker signed HB 3056 into law, which is known as the Employee Background Fairness Act (EBFA). This law limits the ability of employers to disqualify applicants based on their convictions unless specific exceptions apply and the employer completes the required process.
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People also ask

Background checks are basically searches of publicly-available information. Thats not illegal, and does not require consent.
We will never contact a current employer without first having full permission from a candidate. When candidates are completing our forms, we will specifically ask if we can contact their current employer.

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