Legal Definitions - investigative background check

An investigative background check is a comprehensive process employers use to gather detailed information about an individual, typically before making a hiring decision or when evaluating an existing employee for continued employment or promotion. The purpose is to assess a person's suitability for a particular role by examining various aspects of their past.

This type of check can involve reviewing an individual's:

• Employment history and professional references
• Educational qualifications and academic records
• Criminal record, including arrests and convictions
• Financial history, such as credit reports or bankruptcy filings
• Driving records
• Professional licenses or certifications
• Online presence and social media activity

These checks often involve obtaining reports from specialized agencies. The process is subject to federal laws, most notably the Fair Credit Reporting Act (FCRA). The FCRA is a federal law that regulates how consumer reporting agencies collect, disseminate, and use consumer information for purposes like employment, ensuring fairness and accuracy in the reporting process.

Here are some examples of how an investigative background check might be applied:

• Hiring for a Financial Role: A large investment firm is looking to hire a new financial advisor who will manage significant client assets. Before extending a final job offer, the firm conducts an investigative background check. This check includes verifying the candidate's educational degrees and professional certifications, confirming their employment history and reasons for leaving previous positions, and reviewing their credit report for any signs of financial instability or mismanagement. A comprehensive criminal record check is also performed to ensure there are no past offenses that could compromise the firm's integrity or client trust.

  Explanation: This scenario illustrates an investigative background check because the employer is gathering extensive personal and professional information (education, employment, credit, criminal record) to assess the candidate's trustworthiness and suitability for a high-responsibility position *before hiring*, directly aligning with the definition's purpose and scope.

• Promotion in a Government Agency: A long-term employee at a federal agency is being considered for a promotion to a leadership position that requires access to classified national security information. As part of the promotion process, the agency initiates an updated investigative background check. This might involve re-verifying past employment and residences, conducting interviews with former colleagues and personal references (with the employee's consent), and performing an in-depth review of their financial history and any updated criminal records. The goal is to ensure the employee continues to meet the stringent security clearance requirements for the elevated role.

  Explanation: This example demonstrates an investigative background check being used for *retention or promotion* (deciding whether to keep an employee in an elevated, sensitive position). It involves a deeper dive into the individual's history, including interviews and updated security checks, to confirm ongoing suitability for a role requiring high trust and security clearance.

• Hiring for a Childcare Position: A private school is hiring a new kindergarten teacher. Given the direct interaction with young children, the school conducts a thorough investigative background check on all finalists. This check specifically focuses on verifying teaching credentials and licenses, checking references from previous educational institutions, and conducting extensive criminal record checks across multiple jurisdictions, with a particular emphasis on any history of offenses related to children. The school's primary concern is ensuring the safety and well-being of its students.

  Explanation: This scenario highlights an investigative background check used for *hiring*, with a specific emphasis on professional qualifications and criminal history relevant to working with vulnerable populations. This demonstrates how the scope of the check is tailored to the specific requirements and risks associated with the position.