When someone signs a release to allow a potential employer to access their credit report can the authorized person also check the applicant's criminal record?

Answer 1

Criminal record checks (local jurisdictions and federal) are fairly standard for most employers. However, unless there is a nexus (relevance) between a credit check and the position for which you have applied - you would have a perfectly legitimate reason to decline to have your credit history included in the background clearance.

I've worked in HR for quite a few companies, and credit checks are standard for any type of management or sales position. We would never consider hiring someone who didn't sign the authorization, any more than we would hire a convicted mass murderer. If you have collections, a bankruptcy or repossession on your credit history, discuss it with the employer before they do the credit check. Some will be understanding, and some won't. It's an unfortunate paradox that a negative credit history can keep you from getting a good job -- the old "the rich get richer" adage.

If they want to check both your credit history and your credit score, they need to inform you of both of those actions beforehand. An authorization to check a credit report is governed by FCRA (Fair Credit Reporting Act). The criminal background checks do not fall under FCRA. They also need to send you a copy of the information that they receive if you submit a written request to them. If you are not hired as a result of the information contained in either report, they need to send you a letter letting you know that the hiring decision was based on the information provided in one of the reports.