The Rise of Background Checks and What Justice Impacted Job Seekers Need to Know

Over the past three decades, background checks have shifted from a niche practice to a near-universal part of hiring. Today, nearly 9 out of 10 employers report using them. While this trend was fueled by technology, policy, and employer liability concerns, it has also created new barriers for justice-involved job seekers.

The growth of digital records in the 1980s and 1990s, combined with “tough on crime” policies, made criminal history information easier to access and cheaper to use. By the 2000s, employers began relying on background screening much more broadly.

For individuals returning from incarceration, this shift has been devastating. Old arrests, dismissed charges, or records eligible for sealing can still appear and lead to rejection.

At the same time, we’re seeing important reforms. Ban the Box policies, record-sealing and expungement laws, and ongoing advocacy reflect a growing recognition that overreliance on background checks harms both workers and industries in need of talent.

In a recent webinar, the NRWC community heard from background check experts from Checkr and Rézme, who are working to demystify the process and educate the field on what rights justice-impacted job seekers have.

What Justice-Impacted Job Seekers Need to Know

Candidates Can Dispute Errors
Background checks are not always accurate. Reports can contain outdated records, mistaken identity, or incomplete information. Under the Fair Credit Reporting Act (FCRA), candidates have the right to review their background check results and challenge any inaccuracies.

Candidates Must Receive a Pre-Adverse Action Notice
If an employer plans to take negative action based on a background check, they are required to provide a pre-adverse action notice. Candidates then have the chance to correct errors or provide additional context before a final decision is made.

Record Relief Can Open Opportunities
Across many states, individuals may be eligible for expungement, record sealing, or reducing a felony to a misdemeanor. These legal remedies vary by jurisdiction, but they can make a real difference in opening doors to employment. Practitioners can play an important role by connecting participants with legal aid, state court resources, or tools like the National Inventory of Collateral Consequences of Conviction.

At a moment when background checks have become nearly universal, the difference between exclusion and opportunity for justice-involved job seekers often comes down to whether rights are honored, errors are corrected, and relief options are pursued. As a field, our responsibility is to ensure that background checks are not used as automatic barriers, but as part of a fair process that balances safety with equity. With knowledge and advocacy, we can move closer to a labor market where people are measured by their skills and potential and not just their past.

View our recent Thought Leadership series webinar:  Session Takeaway Behind the Background Check.