Many employers rely on background checks when making important hiring decisions. In doing so, they need to comply with a patchwork of local, state, and federal laws.

While federal law does not generally bar criminal background checks, state and local laws may limit when or how you may use this information. Likewise, there are clear federal rules you need to follow when conducting credit checks, with state laws overlapping.

For example, some states only allow background checks after you have made a conditional job offer. Others limit how you use a candidate’s criminal history. Here is some general advice:

1. Consistent process. When deciding to conduct background checks, apply the same standards to every applicant for that position. You can run into legal issues if you run a haphazard process and it’s found, for example, that you tend to conduct more background checks for people of a certain race or other protected status.
2. Notices and consent. If you use a third-party screening agency, you must comply with the requirements of the Fair Credit Reporting Act (FCRA). That includes notifying candidates ahead of time and obtaining their written consent.
   If you make an adverse hiring decision based on the background data, you must notify the applicant, provide them a copy of the report, and give them an opportunity to refute its contents. You don’t want to miss out on a good employee because a background report was incorrect.
3. Criminal history. Many states, counties, and local...

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