5 Background Screening Compliance Mistakes HR Teams Still Make
Background screening compliance isn’t the most exciting part of HR. But it’s one of those things that, if you get it wrong, can lead to major headaches (think lawsuits, fines, or a damaged brand). Even though we’ve all had years to get familiar with the rules, we still see the same mistakes popping up.
So, let’s talk about the top 5 background screening compliance mistakes we still see HR teams making in 2025 — and how to avoid them.
1. Skipping the Pre-Adverse Action Process
This one happens a lot — especially when hiring teams are moving fast. If something comes back on a background screening report that makes you think twice about hiring someone, the FCRA says you have to give the person a heads-up before making a final decision.
Common mistake: Not sending the “pre-adverse action” notice before turning someone down.
How to fix it: Make it part of your workflow. Use a screening provider (hey, like VeriCorp!) that automates this step so nothing falls through the cracks.
2. Relying Only on a National Criminal Database
This one’s tricky because a national database sounds like it should cover everything — but it doesn't. It is great as a starting point, but can be outdated, incomplete, or wrong.
Common mistake: Using only a national database search and thinking you’ve got the full picture.
How to fix it: Always include county-level searches. That’s where the most accurate, up-to-date info lives. We help clients layer county, statewide, and federal searches to cover all the bases.
3. Using the Same Background Screening Policy for Every Location
Laws are changing everywhere. Some states have “ban the box.” Others limit what you can consider when it comes to criminal records. And new regulations pop up every year.
Common mistake: Treating your background screening policy like one-size-fits-all.
How to fix it: If you’re hiring in multiple states (or even cities), your screening process needs to flex. Work with a partner who keeps tabs on all those changes — we do that daily for our clients.
4. Burying Consent in a Long Application
Before you run a background screen, the candidate has to give you permission. But the FCRA says the disclosure has to be clear and separate — not mixed into your general job app.
Common mistake: Hiding the background screening language in a wall of text.
How to fix it: Use a separate, standalone disclosure form. We can help you with a compliant version if you need one.
5. Thinking Background Screenings Are a One-and-Done
Here’s a big one that’s becoming more relevant: what happens after someone’s hired? Most companies run a background screening before day one and then never check again — even in roles where public safety or trust really matter.
Why that’s risky: People’s situations change. You might not know if someone gets arrested or loses a license unless you’re actively monitoring.
Better approach: Set up continuous monitoring or periodic rechecks. It’s not about "gotchas" — it's about protecting your team and your business.
To Conclude
Even in 2025, background screening compliance still remains tricky for companies to navigate— but it doesn’t have to. With the right process (and the right partner), it’s easy to stay on the right side of the law while building a safer, more trustworthy team.