Background Checks: Do Hospital Records Matter?

Background checks are an indispensable part of the recruitment process, helping employers make informed hiring decisions and maintain a safe workplace. While they can access a range of personal information, including criminal records, education history, and credit reports, there are legal restrictions on the use of certain types of information, such as medical and mental health records, which are considered confidential. In the healthcare industry, background checks are crucial to ensure patient safety and compliance with state and federal laws, but they do not typically include hospital records.

Mental health records

In most cases, mental health records do not show up on background checks conducted by employers. However, there may be exceptions for certain security and safety positions, such as law enforcement and military agencies, which require candidates to pass a mental health check. These checks often include an in-depth look at any previous history of mental illness. Similarly, if you are applying for a position working with mentally ill patients or vulnerable individuals, your history of mental illness may be relevant and could come up during the interview process.

In some instances, employers may request applicants to consent to release their medical records as part of the screening process, especially if the medical history is directly relevant to the role. However, applicants have the right to deny access and maintain their medical privacy. Additionally, the Equal Employment Opportunity Commission (EEOC) and Health Insurance Portability and Accountability Act (HIPAA) generally discourage accessing mental health records during standard employment screening.

While mental health records may not directly appear on background checks, it is important to note that some employers may discover this information through other means, such as social media posts or interviews, which could potentially influence their hiring decisions. However, it is illegal for employers to deny employment solely based on mental health status, and doing so would be discriminatory.

It is worth mentioning that certain positions, such as those in education, may have additional considerations. Some individuals seeking careers in education have expressed concerns about how their mental health records could impact their employment prospects. While mental health issues typically do not appear on basic background checks in this field, fingerprinting as a requirement for employment may grant access to more comprehensive records, including mental health information.

Criminal records

Background checks have become an indispensable part of the recruitment process. Employers implement background check programs to uphold the integrity of their business and maintain a safe workplace. Criminal record checks are a common part of these searches.

Criminal history checks may report any information pertaining to crimes for which the subject has been charged, tried, or convicted. The primary purpose of these checks is to find out whether a candidate has been convicted of any misdemeanour or felony crimes. Employers are most concerned with convictions, as convictions offer proof of guilt, which an arrest record or pending charge does not. Criminal background checks will also often include pending criminal charges or arrests. However, employers are usually advised not to weigh these findings as heavily as convictions since there is no proof of guilt without a verdict. Some employers may look at pre-conviction details and reconsider their hiring decision, but some states have laws in place that restrict or bar employers from considering arrest histories for employment.

If a subject has successfully petitioned the court to have their records sealed or expunged, that information should no longer appear on their criminal background report. Expungement rules vary from state to state. In some states, it is illegal for background check companies to disclose information about convictions that are more than seven years old. In Hawaii, that policy is stricter, with a seven-year limit for felonies and a five-year limit for misdemeanours. Some other states do not have any limit on how far back criminal checks can look.

In the United States, citizens may need a "certificate of good conduct" or proof of lack of a criminal record for reasons such as adoption, schooling, and employment. To obtain proof of a clean criminal record, citizens can go to their local police department and ask them to conduct a local or state criminal records search. The Criminal Justice Information Services (CJIS) Division of the Federal Bureau of Investigation (FBI) is in charge of FBI records checks. They offer two ways to request an FBI Identification Record or to prove that no record exists: citizens may get a copy of their record by submitting a written request to the CJIS Division, or they may submit a request through an FBI-approved channeler, which is a private business that contracts with the FBI.

Employment history

Background checks are an indispensable part of the recruitment process. They help employers make smarter decisions, uphold the integrity of their business, and maintain a safe workplace. While medical history can affect employment, it generally does not show up in background checks. Mental health diagnoses are included in a person's medical record and are protected by law. Healthcare professionals can face severe consequences, including job loss, for disclosing any information without explicit consent.

Employment background checks are typically conducted to verify previous job history and confirm the accuracy of the work history presented on a resume or job application. These checks generally cover the most recent seven to ten years of job history, though some can go back further, especially in certain industries like financial services.

The specific details that may be included in an employment history background check are:

• Work history, including positions held, dates employed, salary, and reasons for leaving.
• Identity verification to confirm the applicant's identity and ensure they are who they claim to be.
• Criminal records at the county, state, or federal level, including arrests, convictions, and other relevant details.
• Education confirmation, such as verifying academic institutions attended and degrees obtained.
• Credit history, including previous bankruptcies, debt, spending patterns, and financial habits.

It is important to note that background checks rely on available records and may not always be entirely accurate. As an applicant, it is crucial to be upfront and honest about any potential gaps or issues in your work history. Trying to conceal discrepancies can raise red flags, whereas presenting your history accurately and transparently can increase your chances of a positive outcome.

Education records

Education verification is a type of background check that employers use to confirm a job candidate's educational background and qualifications. It involves verifying the schools they've attended, their dates of attendance, degrees or diplomas earned, and any additional training they've received. This process helps employers ensure that candidates are honest and qualified for the position they are applying for. It also helps protect employers from potential liability issues that may arise from hiring an unqualified candidate.

Employers can conduct education background checks themselves or use third-party background check companies that offer education verification services, such as Checkr, ScoutLogic, or ADP. These companies can help streamline the process and ensure that all necessary information is gathered from the candidate. They may also have access to databases that allow them to verify educational credentials directly.

When conducting an education background check, employers or third-party companies typically contact the educational institutions directly to confirm the candidate's attendance, enrolment status, graduation date, and degrees earned. They may request sealed transcripts, diplomas, or other relevant documents from the candidate or the educational institution. Some employers may also use the National Student Clearinghouse, an online portal that provides access to education history records from many schools. However, it's important to note that not all schools may be included in this database.

Education verification is particularly important when hiring for positions that require specific educational qualifications or certifications. For example, certain jobs in the healthcare, legal, or financial industries may require specific degrees or certifications to ensure compliance with industry regulations. Additionally, education verification can be crucial in academic institutions when hiring faculty members or administrators.

In addition to verifying educational credentials, background checks in the education sector often include criminal history checks, especially for positions that involve working with minors or vulnerable populations, such as teaching or youth sports coaching. These checks typically involve searching for any records of sex crimes, child abuse, violence, or other offences that may pose a risk to students or staff. Background checks for teachers may also include professional license verifications, although these are less common at the higher education level.

Medical records

Background checks have become an indispensable part of the recruitment process. They help employers make informed decisions, uphold the integrity of their business, and maintain a safe workplace. While background checks can reveal a lot about a person, there are limits to what they can show.

In the United States, background checks and the information they can reveal are governed by a variety of laws and regulations at both the state and federal levels. These laws are designed to balance the need for information with privacy rights and to prevent discrimination. For example, the federal Privacy Act of 1974 prohibits employers from accessing military records, and most states ban using certain information, such as criminal records, in hiring decisions without the applicant's consent.

When it comes to medical records, confidentiality is generally maintained, and this type of information is not typically disclosed during background checks. Healthcare professionals are bound by confidentiality laws and can face severe consequences, including job loss, for disclosing medical information without explicit consent. Mental health diagnoses, for instance, are included in a person's medical record and are protected by law.

However, there are exceptions to this. For example, if you are applying for a position in healthcare, law enforcement, or the military, more extensive background checks may be conducted, including an in-depth look at your medical history. Additionally, if you are requesting reasonable accommodations for a disability, your medical history may become relevant during the hiring process.

It is important to note that while background checks may not reveal medical records directly, employers can still gain access to certain medical information through other means, such as drug screenings, which require the applicant's consent. Furthermore, applicants should be cautious about sharing personal information on social media, as employers may review these platforms during the hiring process.

In summary, while background checks can provide valuable information to employers, they generally do not include medical records. However, exceptions exist, and employers may still gain access to certain medical information through other means or with the individual's consent.

Frequently asked questions