Atlanta Background Check for Employment: A Complete Guide [2025]

Building a reliable team starts with smart hiring decisions. Conducting even a simple background check can help prevent costly mistakes.

Employment screenings verify important information, confirm qualifications, and ensure candidates are the right match for your company.

At iprospectcheck, we provide fast, precise, and fully compliant background check services for employers in Atlanta and all across Georgia.

This guide covers essential laws and best practices to help you stay compliant and hire with confidence.

What is an Atlanta Employment Background Check?

A background check in Atlanta is an investigation that reviews a candidate’s criminal record, education, employment history, licenses, and other critical information to determine their fitness for a role.

Employers across Georgia use these screenings to confirm a candidate’s qualifications and base hiring decisions on verified facts rather than assumptions.

Why Do Employers in Atlanta Conduct Background Checks?

Employers in the Atlanta area run background checks for several key reasons:

1. Maintain a Safe Work Environment

Screening candidates helps identify past behavior that could present a safety risk to coworkers, customers, or the public.

2. Encourage Fair and Consistent Hiring

Using the same background check process for all applicants supports fairness and minimizes potential hiring bias.

3. Meet Legal and Regulatory Obligations

Many Atlanta-based employers must follow industry-specific rules at the state and federal levels that require background screening.

For instance, employers governed by the U.S. Department of Transportation (DOT) must conduct DOT background checks, DOT physicals, and DOT drug tests for safety-sensitive positions.

Industries like healthcare, education, and public service often require fingerprinting, criminal background reviews, and other specialized screenings.

Healthcare institutions such as Emory Healthcare and Northside Hospital require background checks for all candidates, including education and employment history.

Delta Air Lines requires all new hires—whether flight attendants or customer service staff—to pass a background check and drug screening before their first day on the job.

Fulton County requires background checks for all new hires and may run additional checks on current employees as needed.

These screenings help employers meet regulatory standards, ensure workplace safety, and hire qualified, dependable employees.

4. Prevent Negligent Hiring Lawsuits

Skipping background checks can expose employers to liability if an employee causes harm to others while working.

Thorough screening demonstrates due diligence and helps reduce legal risk.

5. Build Customer Confidence

For roles involving access to financial records, sensitive data, or personal information, you must hire people you can trust.

Background checks help verify integrity and reduce the chance of misconduct.

6. Safeguard Your Brand Reputation

Employees represent your company, especially in public-facing roles.

Comprehensive background checks help avoid hiring individuals who could damage your reputation or customer relationships.

What Information Shows Up on a Background Check in Atlanta, Georgia?

The contents of an employment background check can vary based on what’s requested, but most reports include the following:

Criminal History

A criminal background check may show past convictions or current charges.

You’ll typically see details like:

• Case number
• Court location
• Date of the offense
• Type of charge
• Classification (misdemeanor or felony)
• Final disposition and date
• Sentencing information (if available)

Employers should avoid making automatic hiring decisions based solely on a criminal record.

Each conviction should be reviewed individually to assess its relevance to the job and potential risk to safety.

Georgia law also restricts employers from using certain records, including sealed or expunged cases, when making employment decisions.

Employment Verification

Employment verification confirms a candidate’s work history and typically includes:

• Employer names and locations
• Start and end dates
• Job titles or roles held

It’s a key step for spotting resume gaps or inflated claims.

Education Verification

To confirm academic qualifications, this check may include:

• Name and address of the school
• Enrollment dates
• Degrees or certifications earned

Professional License Verification

For licensed professions, employers can confirm credentials by checking:

• License validity
• License status
• License holder’s name
• License number
• License type
• Dates issued and expired
• Licensing agency
• Disciplinary actions, if any

Identity Verification

This ensures the report matches the correct individual. It typically includes:

• Full legal name and any known aliases
• Past addresses
• Date of birth

This check may also flag locations that warrant further screening for criminal or employment records.

Motor Vehicle Records (MVR) Check

If the job involves driving, an MVR report can include:

• Driver’s license number
• Driver’s license class
• Issue and expiration dates
• Legal name and registered address
• Traffic violations or serious driving offenses
• Suspensions or revocations

MVR checks help assess driving safety, qualifications, and insurance eligibility.

Laws and Regulations

Federal Laws

Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA) is a federal law that protects consumers’ privacy rights, including job applicants.

It regulates how background check companies collect, share, and report personal data, and how employers use that information when hiring.

For positions with a salary under $75,000, the following information can’t be reported if it’s more than seven years old:

• Arrests that didn’t result in convictions
• Resolved tax liens
• Civil lawsuits and judgments
• Chapter 13 bankruptcies (Chapter 7 may be reported for up to 10 years)
• Accounts sent to collections

Before conducting a background check, employers must provide a standalone disclosure that doesn’t include any other information and obtain the applicant’s written consent.

If the employer decides not to hire based on the report, they must follow the FCRA’s adverse action steps: inform the applicant, provide a copy of the report, give them a reasonable chance to respond before making a final decision, and sending a final notice with a copy of their rights if they ultimately decide to deny employment.

Fair Chance to Compete for Jobs Act

The Fair Chance to Compete for Jobs Act (FCA) applies to federal agencies, federal contractors, and companies seeking federal contracts.

It bars agencies and contractors from asking about criminal history until after a conditional job offer is made.

Violating this rule can result in disqualification from federal contracts.

The goal is to ensure applicants are judged on qualifications before criminal history is considered.

Title VII of the Civil Rights Act of 1964 (Title VII)

Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin.

The Equal Employment Opportunity Commission (EEOC) oversees compliance and offers enforcement guidance on using criminal records discovered in background checks when hiring.

Employers must assess:

• The nature and seriousness of the offense
• How much time has passed
• Whether the conviction is related to the job
• Whether the conviction impacts workplace safety

This ensures decisions are fair and focused on safety and relevance, not on past mistakes alone.

State Laws

Georgia’s Ban-the-Box Policy

Georgia has a statewide ban-the-box policy for public employers, established by an executive order signed by former Governor Nathan Deal in 2015.

It prevents public employers from asking about criminal history on initial job applications or disqualifying candidates solely due to a conviction, unless legally required under other state or federal laws.

Exceptions apply to roles that, under state or federal law, require immediate disqualification based on certain offenses.

Otherwise, applicants must be given a chance to:

• Correct inaccurate information
• Explain their criminal history
• Provide evidence of rehabilitation

Criminal Background Check Notice Requirements

According to Georgia Code § 35-3-34(3)(b), if an employer uses a background check from the Georgia Crime Information Center (GCIC) to deny a job, they must inform the applicant:

• That the GCIC was the source of the information
• What information was used
• How it influenced the decision

Failing to provide this notice is a misdemeanor crime.

Georgia First Offender Act

The Georgia First Offender Act allows certain first-time offenders to avoid conviction by completing probation successfully.

If completed, they can petition to have the record sealed. Once sealed, the offense won’t appear on most employment background checks.

However, sealed records may still be used for disqualifying candidates from jobs involving schools, long-term care, or cases involving vulnerable individuals, particularly if the offense was serious or sexual in nature.

Georgia Record-Sealing Law

Under Georgia Code § 35-3-37, individuals with certain misdemeanor convictions may petition the court to have up to two records restricted.

Felonies are generally ineligible unless an exception applies. Once restricted, the record won’t appear in employment background checks.

Mandatory E-Verify Use for Public Employers and Contractors

Under Ga. Code § 13-10-91, all public employers in Georgia and companies that contract with local or state public agencies must enroll in and use E-Verify to confirm applicants’ and employees’ legal authorization to work in the U.S.

Public employers and contractors must submit affidavits attesting to their enrollment in and use of E-Verify in the hiring process.

Public employers are forbidden from contracting with companies that fail to use E-Verify or submit this affidavit.

Georgia Long-Term Care Background Check Requirements

Under Ga. Code §§ 31-7-350 — 31-7-361, Georgia has established specific requirements for long-term care providers, assisted living facilities, home health agencies, nursing homes, hospice providers, and other employers that provide long-term or community health care to elderly and disabled adults.

This law requires employers to conduct fingerprint-based background checks with the Georgia Bureau of Investigation (GBI) and the Federal Bureau of Investigation (FBI).

They must also perform sex offender and abuse and neglect registry checks on applicants, volunteers, and employees.

Local Laws

Fulton County Ban-the-Box Policy

Fulton County passed a ban-the-box administrative policy in 2014 that applies to public employers.

This policy prohibits criminal history questions on county job applications.

It also only requires background checks for sensitive jobs, and public employers can only conduct them after an applicant has had an initial interview.

Atlanta Salary History Ban

In 2019, the City of Atlanta implemented a salary history ban for municipal employers under an executive order by former Mayor Keisha Lance Bottoms.

City departments are prohibited from asking applicants about salary history on applications, during interviews, or through background checks.

Atlanta Ban-the-Box Policy (Public Employers Only)

Public employers in Atlanta are also subject to local ban-the-box rules that go beyond state law.

City agencies cannot ask about an applicant’s criminal history on the initial job application.

Additionally, background checks must be delayed until the candidate has been determined to be otherwise qualified for the position.

This gives applicants with past convictions a fair chance to be evaluated based on skills and experience before any criminal records are considered.

How to Conduct Employment Background Checks in Atlanta, Georgia

1. Create a Legally Compliant Screening Policy

Start by building a background check policy that aligns with federal, Georgia state, and Atlanta-specific laws.

Outline which roles require screening, the types of checks you’ll perform, and who on your HR team will handle each step.

2. Train Your Hiring Team

Ensure your HR staff is well-versed in conducting compliant background checks.

Training should cover your internal procedures and legal requirements, including when and how checks can be run.

3. Disclose the Screening and Get Written Consent

Provide applicants with a clear, standalone disclosure explaining the background check process.

Then, collect written authorization before starting, as mandated by the FCRA.

4. Use a Trusted Screening Partner

Work with a dependable background check provider like iprospectcheck to ensure your results are accurate and legally compliant.

We stay up-to-date with local, state, and federal background check and employment laws and use advanced technologies to quickly return accurate, current, comprehensive, and legally-compliant background check reports.

5. Time the Screening Correctly

Although Georgia’s statewide ban-the-box law only applies to public employers, it’s best practice to delay criminal history inquiries until after a conditional offer or interview.

This approach reduces legal risk and aligns with federal Fair Chance hiring guidance.

6. Tailor Checks to the Position

Adjust the scope of the background check based on the job.

More sensitive roles may require deeper screening, while basic roles might only need a few key verifications, keeping your process efficient and cost-effective.

7. Keep Candidates Informed

Communicate with applicants throughout the process.

Once results are in, review them carefully and update the candidate on the next steps—whether it’s moving ahead with hiring or addressing potential concerns.

8. Evaluate Convictions in Context

If a background check reveals a conviction, take time to assess whether it’s relevant to the job or poses any safety risks.

Avoid automatic disqualifications and consider each situation on a case-by-case basis to comply with EEOC guidance.

9. Follow the FCRA Adverse Action Process

If you decide not to hire someone based on their background check, follow the adverse action steps:

• Pre-Adverse Action Notice: Send a copy of the report and explain the findings.
• Opportunity to Respond: Give the applicant a reasonable chance to dispute or clarify the information. A reasonable response time is generally viewed as five business days.
• Final Adverse Action Notice: If the decision stands, send a final notice and include a summary of the applicant’s rights under the FCRA.

Get an Atlanta Background Check with iprospectcheck

Atlanta is a hub for industries ranging from logistics and film to healthcare, education, and public administration, each with its own hiring requirements and compliance needs.

At iprospectcheck, we offer dependable, fully compliant background screening services customized to fit your business.

Our experienced team delivers clear, accurate, and legally compliant reports, so you can make confident hiring decisions with peace of mind.

For more information or a free quote, call us today: 888-509-1979.

DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.