Reentry Myth Busters: Criminal Histories and Employment Background Checks

The Reentry Myth Busters are a series of fact sheets created by the partner agencies within the Federal Interagency Reentry Council's (FIRC) and intended to clarify existing federal policies that affect individuals who were formerly incarcerated and their families.

This fact sheet addresses the following:

Myth: An employer can get a copy of your criminal history from companies that do background checks without your permission.

Fact: According to the Fair Credit Reporting Act (FCRA), employers must get one’s permission, usually in writing, before asking a background screening company for a criminal history report. If one does not give permission or authorization, the application for employment may not get reviewed. If a person does give permission but does not get hired because of information in the report, the potential employer must follow several legal obligations.