A background check compliance checklist should be practical enough for hiring teams to use before an order is placed, not only after a problem appears. The following checklist is a starting point for employers using consumer reports for employment purposes.
Before ordering
Confirm the permissible purpose for the report. Confirm the job location and candidate location. Confirm whether state or local fair chance rules affect timing. Provide the candidate with a standalone disclosure and obtain written authorization.
If criminal history is involved, confirm whether the jurisdiction limits when the employer can ask about or consider criminal records.
While ordering
Scope the package to the role. Use address history to select relevant counties. Avoid ordering searches that are not tied to the position, legal requirement, or employer policy. Make sure candidate identifiers are accurate before the order is submitted.
Document the package selected, the reason for the package, and any special instructions.
When reviewing results
Separate report review from the final hiring decision. Confirm that records are matched to the candidate, current enough to be used, and reportable under applicable rules. If a record may affect the decision, document how it relates to the role.
Use individualized assessment where required or where it helps reduce disparate impact risk.
Before adverse action
Send pre-adverse action materials before making the final decision. The candidate should receive the report and the CFPB Summary of Rights. Give the candidate a meaningful opportunity to dispute or explain.
If a dispute is opened, pause the final adverse action decision until the reinvestigation workflow is handled.
After final adverse action
If the final decision remains adverse, send the final notice. The notice should identify the consumer reporting agency, explain that the agency did not make the decision, and tell the candidate about their right to obtain a copy of the report and dispute accuracy.
After the process
Retain records according to law, contract, and policy. Limit access to those with a business need. Dispose of downloaded reports securely. Review your process periodically, especially when hiring in new jurisdictions.
Information Direct supports employers with source-level reporting, documented workflows, and compliance-centered intake. For a downloadable checklist, visit the FCRA compliance checklist resource page.