Can an Employer Run a Background Check Without Consent?

Getting out of prison is a stressful situation, especially if you are looking for a job to support yourself and/or your family. Finding a new job can be extremely scary if you are worried about what others will think.

It is important that you as an employee can feel safe and protected. It is also important that an employer can create a safe environment for any prospective employee.

can an employer run a background check without consent

A prospective employee may be worried- can an employer run a background check without consent?

There are many opportunities for felons out there. Let’s take a closer look at what an employer can or can’t do.

Background Check

The purpose of a background check is to ensure that a person is whom they are claiming to be. There are different types of background checks.

Employment background checks take place when someone applies for a job. They can also take place whenever the employer deems necessary. They may take place annually if an employer decides that is the best way to help keep the workplace a safe environment.

can employer run a background check without consent

Most background checks will look at the past seven years though some will look at ten years.

Again, the purpose of a check is for the company to know they are making a sound hire. Obviously, the company does not want to hire someone who will not excel at the position. This would be considered to be a bad hire.

A bad hire means a few things about the employee. It means the employee does not produce quality work or has bad work ethics. If the employee does not have good communication skills or work well with others, it will be considered a bad hire. If the employee has poor attendance, is dishonest, and doesn’t have the skills they stated on the application, they will be considered a bad hire.

An employer will receive things like past credit reports, driving records, educational records, and yes, your criminal offenses.

It may be beneficial to run a background check on yourself. This will make you aware of exactly what it is that your employer will gain access to. This way you can properly prepare for anything that may come about at the interview.

What Can an Employer Do?

A background check will take place at most companies.

In most states, consent is a requirement in order for the employer to run a background check. Most states will require written consent. This is typically upon being hired. It will usually be on the original application or you will be asked to provide written consent at the interview.

It can also take place after having been hired. If there is no indication of an employee has done something wrong on the job, written consent is needed.

can employer run background check without consent

The employer must inform the applicant that the outcome of the check can result in whether they will get the job, be promoted, or even keep a job.

There are a few reasons why an employee would receive a background check. If you feel uncomfortable or do not believe you should have been asked to take a background check you can take action.

Reassignment could be a reason for another background check to take place again. A new position could have different responsibilities. If one does not pass the background check, they might not be able to get a reassignment.

Just like reassignment, a promotion would require a background check. This is because there is an increment in responsibilities as well as a new job description. This helps the company to know that they are still promoting the right employee.

Retention is what takes place when a company has to cut back on employees. This may be a reason a background check would have to take place again. They could then use the checks to decide what employees to keep or not.

If an accident happens at the place of work some companies will require a background check. A drug test may also take place. This is to ensure that everything is sound when it comes to the legal department.

Background Check Yourself

can the employer run background check without consent

If you are curious about what will come back on a background check by running one on yourself. If there were questions beyond the result, a felon should contact an attorney.

There are different types of background checks that you can run on yourself.

You can gain your record from the court where your charges were made. This will help you to assess exactly what it was that had you convicted. This way you are able to also sound very professional when it comes to your explanation.

You can also run a credit check on yourself. This would be helpful regarding positions that deal heavily with money or financial matters.

Driving records are also obtainable. This is crucial when it comes to positions that would require driving. These positions can range from truck driving to food delivery.

Running a background check on yourself can be extremely beneficial as a felon. This will make you fully aware of everything that may be brought up during an interview. Therefore, increasing your chances to the highest possible bit!


You may be well aware of the fact that most companies will run background checks upon hiring employees. The employer must have consent to run a background check. This means upon hiring or while being employed. If you do not give consent, it may result in not becoming an employee or being fired from a job.

There are a few reasons why an employee may be asked to take a background check. This is due to a few things like reassignment, promotion, retention, or an accident.

You are able to run a background check on yourself to properly assess the information that will come about.

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