How to run a background check on an employee, the right way
By Jean Luc · What the law requires, what's free, and where DIY stops being worth it
Step 1: get the legal part right before you search anything
If you use any third-party service to screen a candidate, the federal Fair Credit Reporting Act applies. In practice that means: give the candidate a standalone written disclosure, get written consent, and if the results make you want to reject them, send a pre-adverse action notice with a copy of the report, wait a reasonable period (five business days is common practice) for them to dispute, then send the final adverse action notice. Many states and cities add ban-the-box rules that control when in the process you may ask about criminal history. Skipping this paperwork is the single most litigated mistake small employers make.
Step 2: the searches you can run yourself, free or nearly free
- County criminal records. Most county courts have online case search; this is where the majority of criminal records live. Search every county the person has lived or worked in, under every name they've used.
- State court portals. Many states offer statewide judiciary search, with wildly varying coverage and fees.
- Federal courts. PACER covers federal criminal and civil cases for small per-page fees; federal records do not appear in county searches.
- Sex offender registry. NSOPW.gov searches every state registry at once, free.
- Professional licenses. State licensing board sites verify a license is active and in good standing, free.
- Healthcare/government exclusions. OIG-LEIE and SAM.gov exclusion lists, free, mandatory in healthcare and government contracting.
Step 3: know where DIY breaks
The mechanics are free; the coverage is the trap. A candidate with three prior counties and a maiden name needs at least six courthouse searches to be thorough, dispositions have to be read correctly (an arrest is not a conviction, and using one wrongly creates liability), employment and education claims need direct verification with each employer and school, and driving records require state DMV processes. Multiply by every hire and DIY becomes a part-time job with legal exposure attached.
Step 4: when the shortcut is worth paying for
A consumer reporting agency compresses all of the above into one order: the searches run in parallel across jurisdictions and aliases, the FCRA disclosure, consent, and adverse-action flows are built in, and candidates get a legal dispute path. Checkr, the platform this site aggregates reviews for, prices this from $29.99 per report with no contracts; its Essential package ($59.99) with unlimited county searches maps to exactly the courthouse legwork described above. Whether it fits your hiring volume is what the 650+ reviews we aggregate can tell you, including the critical ones about county-court delays. Alternatives are compared in our ranked roundup.
Frequently asked questions
Can I legally run a background check on a job candidate myself?+
You can look at public records and public profiles yourself. But the moment you use any third-party service that compiles information for hiring decisions, the FCRA applies: you need written disclosure and consent, and if you reject someone based on the report you must follow the two-step adverse action process. Several states and cities add ban-the-box timing rules on top.
What can I check for free?+
County court records (most counties have online case search), state judiciary portals, the national sex offender registry (NSOPW.gov), federal court records via PACER (nominal fees), state licensing boards for professional licenses, and OIG/SAM exclusion lists for healthcare and government work. Each is authoritative but you must search every jurisdiction separately, under the person's every name.
Why do employers pay for background checks instead of DIY?+
Coverage and compliance. A person who has lived in four counties needs four separate courthouse searches under every name they've used; missing one is how negligent-hiring claims happen. A consumer reporting agency automates the searches, handles FCRA paperwork, and gives candidates a legal dispute path. Per-report services like Checkr start around $29.99, which is usually cheaper than the hours DIY takes.
How long does a proper background check take?+
Database-only checks can finish in minutes. County courthouse searches typically take one to five business days, and jurisdictions with manual records can take weeks. Verifications (employment, education) depend on how fast third parties respond. Anyone promising instant comprehensive results is skipping the courthouse step.