Published: 11/29/2024By: Claire Young
Background checks are a common part of the hiring process. In fact, background checks are run across most industries, and you’ll find that government agencies, individuals, and employers can all conduct background checks on people. Moreover, background checks can be run for purchases. For example, if you’re purchasing a specific product, like a firearm, you may need to pass a background check first.
While background checks are more common than ever, that doesn’t mean people can conduct them whenever they want. Many laws are in place to protect people’s privacy, and you’ll find that background checks can only be run in certain circumstances.
So, if you’re wondering, can someone run a background check without my permission? The short answer is no, but later on in this article, you may find some things that surprise you. Read on to learn more about background checks, who can run them, and how whether or not consent is required.
What Is a Background Check?
Before we determine if someone can run a background check without your permission, it’s important to establish what a background check is. A background check is the process of formally looking through someone’s public records for a job opening or another type of screening.
These screenings are used by companies, governments, and even local retailers who are selling things like firearms. In fact, even someone checking your ID at the door to a bar can be considered a background check. There are also some more niche background checks like OIG background checks, which check to see if vendors are on the Office of the Inspector General’s exclusion list.
That said, for the purpose of this article, we’ll be covering pre-employment background checks and more general background checks.
What Information Is Uncovered in Background Checks?
The information that’s available in a background check depends on the type of background check. For example, some background checks might only verify someone’s identity, while other background checks might target financial records, including information about a property lien.
That said, most background checks will verify the following:
- Identity
- Criminal Records
- Social media activity
- Contact information
- Previous employment
- Education
- Drug testing
- Sex offender status
Some background checks may also check driving records or even civil court records, so it’s important to know what appears on your record before applying for a job.
Can Someone Run a Background Check Without Your Permission?
No, someone can’t run a background check without your permission, at least in an official capacity. Companies that want to pull your public records during the hiring process need to have your written and signed consent to run a background check. Without your consent, pulling records can result in legal troubles and the information not being available.
On the other hand, if someone has your full name, they can run a basic people search on you without your consent. In fact, they find anything that’s publicly available about you because it’s all public record. However, they can’t use it to hire you for traditional employment or domestic help.
Background checks for purchasing firearms or working with specific agencies also require your written consent. Without it, the information that’s found can’t be used against you.
That said, there may be some exceptions in rare cases.
Who Can Run a Background Check Without Your Permission?
The only time you can run a background check without someone’s permission is if it’s a personal background check or if the government is checking your records because you were implicated in a crime. For the latter, this will only happen when you’re being held by law enforcement or if something has gone wrong.
For the former, personal background checks are background checks that aren’t run for employment purposes. If you find someone on a dating app, for example, you can run a people search on them to look through their public records before you make a decision about dating them.
You can also run these types of background checks on friends, family members, and other people you associate with.
How Can You Tell if Someone Ran a Background Check on You Without Your Permission?
It’s hard to tell if someone ran a background check on you without your permission. However, there may be some slight indicators that this has happened. The best example is someone pulling your credit records. Credit bureaus may notify you that someone is poking around in your records or running credit checks, so you can see that they checked some of your information.
Unfortunately, nothing will notify you if someone runs a more traditional background check on you. Therefore, you need to remain vigilant and keep an eye on your records to see if anything changes. Some more subtle signs may include not being hired or being ghosted right after they interview you.
How Do You Consent to a Background Check?
Consenting to a background check can be done in a few ways depending on the state and type of background check. In fact, some background checks will allow you to consent to them by simply agreeing verbally with the terms. However, this is unlikely to be the norm.
In most cases, you have to consent to a background check by filing the right paperwork. Most employers will provide you with a document to sign, and this can be done in person or even online on platforms like DocuSign.
Background checks can also be agreed to via email or other written means, but this is unlikely. It’s also important to note that many companies will pay for your background check but make you go through the process yourself; this happens when you need your fingerprints taken.
Can Companies Make You Take a Background Check?
We’ve mentioned that companies need to consent to run a background check. However, you might be wondering if companies can force you to take a background check. Fortunately, companies can’t force you to agree to any type of background check. Therefore, if a company asks you to go through the process, you can decline to do so.
While you can decline to go through a background check, it’s not always the best idea. In most states, employers can refuse to hire you for this reason alone. That said, check with your state laws because some states have standards about when exactly a background check can be conducted during the hiring process.
How You Can Run a Background Check
When you want to run a background check, you first have to get someone’s consent. Even if you don’t want to run a background check for employment purposes, we recommend having consent anyway. It can prevent legal troubles and ensure that you’re protected.
To run a basic background check, you can use USPeopleSearch’s people search tool. All you need to get started is someone’s first and last name, address, and state. We recommend having all of this information to help you narrow your options and find records for the right person.
Still, you can search for someone’s public records using a phone number or address when you work with USPeopleSearch.com, so don’t think you’re out of options if you don’t know someone’s name.
You can also use professional background check companies, but this tends to cost a lot of money and you won’t be able to run more than one.
What You Can Find When You Run a Personal Background Check
When you run a personal background check with USPeopleSearch.com, you can find a lot of information similar to what you would find during a more traditional background check. This includes identity verification, criminal records, and anything else that’s publicly available.
While you can access this information, you can’t always use it unless you have consent from the person you’re running the background check on. Therefore, it’s important to only use these tools for personal background checks and not professional background checks without consent.
Run a Background Check the Right Way Today
You can’t run a background check without someone’s permission unless you’re running a more personal background check. This is the best rule of thumb to follow and won’t land you in any type of hot water. However, the government and other agencies may be able to run a background check without your permission under the right circumstances.
If you do have someone’s permission or plan on running a personal background check, you can use any of our people search tools. We offer an address lookup tool, a phone number search tool, and a general people search tool you can use to find information about people.
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