Employers in Washington D.C. must ensure their employees are qualified and trustworthy to protect their business reputation and workplace safety.
Employment background checks confirm the information applicants have reported on their applications and help screen out those who are unqualified, untrustworthy, or potentially dangerous.
At iprospectcheck, we complete thousands of comprehensive background checks for employers in all 50 states and the District of Columbia.
Here’s a guide for employers about Washington D.C. employment background checks, how they should be conducted, and the laws that apply.
Key Takeaways
- A Washington, D.C. employment background check investigates the criminal history, work record, education, and other key details about an applicant’s background.
- Conducting D.C. employment background checks protects employers, their current employees, and their customers from potentially unsafe or unqualified applicants.
- What appears on a background check will vary based on the types of searches requested.
- Employers must comply with numerous federal and local laws when conducting background checks.
What is a Washington D.C. Employment Background Check?
A Washington, D.C. employment background check is an in-depth investigation into an applicant’s criminal history, employment record, level of education, and other pertinent details.
Employers conduct background checks to ensure their new hires are safe and qualified to perform their jobs.
Why Do Washington, D.C. Employers Perform Background Checks?
Employers conduct pre-employment background checks on applicants in D.C. for numerous reasons, including:
1. Protect Workplace Safety
In 2022, there were 23,472 property crimes and 3,870 violent crimes committed in D.C.
Employers conduct background checks to ensure their new hires will not pose a risk to workplace safety.
This helps protect the safety of the employer’s current employees, customers, and the public.
2. Maintain Fairness in Hiring
Implementing a background check policy that calls for a uniform approach to conducting pre-employment screenings reduces the risk of unconscious biases influencing hiring decisions.
Employers that conduct background checks train HR professionals on their policies to ensure all applicants for the same position are treated equally.
3. Comply with Regulatory Mandates
Employers regulated by government agencies might be required to perform background checks for employment.
For example, employers regulated by the U.S. Department of Transportation must complete DOT background checks on applicants for safety-sensitive jobs.
Background checks might also be required by regulations for the finance industry, education, healthcare, and others.
4. Mitigate Liability Risks
If an employee negligently or intentionally injures someone while working, the employer can be vicariously liable by virtue of simply being the negligent worker’s employer.
However, the employer can also be directly liable if a background check would have revealed the employee was unqualified or unsafe but failed to screen them.
By helping employers identify unsafe or incompetent applicants, employment background checks reduce the risk of negligent hiring liability.
What Appears on a Washington, D.C. Employment Background Check?
The particular information that might appear on a D.C. employment background check depends on the types of searches the employer requests.
Most employers ask for the following reports:
- Criminal background check
- Employment verification
- Education verification
- Identity verification
Employers hiring for professional roles might also ask for professional license verification.
Those hiring drivers will likely request motor vehicle records searches.
Let’s take a look at what might show up on each of these reports.
Criminal History
A criminal background check for employment shows whether an applicant has pending criminal charges or convictions.
When an applicant has a reportable criminal record, the following information will appear:
- Criminal case number
- Name of offense
- Offense severity (misdemeanor or felony)
- Offense/arrest date
- Case disposition and disposition date
- Sentence information (if available)
Employment Verification
Employment verification discloses information about an applicant’s past jobs.
If you request employment verification, the report will show the names and addresses of past employers, the dates the applicant worked at each job, and the titles the applicant held.
Education Verification
Education verification reveals information about an applicant’s education.
If you ask for education verification, the report will disclose the name(s) and address(es) of schools the applicant attended, the applicant’s attendance dates, and whether the applicant earned a degree or diploma.
Identity Verification
Identity verification is a preliminary search completed by CRAs to confirm the information belongs to the applicant and not to a similarly-named individual.
Professional License Verification
Professional license verification confirms an applicant’s credentials are valid and current.
A professional license verification report shows the following information about an applicant’s license:
- License number
- License validity
- License type
- Issuing agency
- Date of issuance
- Expiration date
- Suspensions or revocations
- Public discipline or sanctions
Motor Vehicle Records Check
A motor vehicle records (MVR) check shows the following information about an applicant’s license and driving history:
- License class
- License number
- Issuance date
- Expiration date
- Name
- Traffic infractions
- Traffic crimes
- Accidents
- Suspensions or revocations
Know Before You Hire
Important Background Check Laws
Federal Laws
Fair Credit Reporting Act (FCRA)
As a federal law, the Fair Credit Reporting Act (FCRA) applies to employers in all 50 states, U.S. Territories, and the District of Columbia.
It is a federal privacy law that protects consumers in the information gathered and reported by credit reporting agencies (CRAs), including employment background check providers.
The FCRA includes a seven-year restriction on the reporting of the following information when a position pays less than $75,000 annually:
- Debt collections
- Arrests that didn’t lead to convictions
- Civil lawsuits/judgments
- Chapter 13 bankruptcies (Chapter 7 – 10 years)
- Paid tax liens
The seven-year restriction doesn’t apply to other relevant information about an applicant’s convictions, employment, education, etc.
Employers that partner with CRAs to complete background checks must also comply with the FCRA when they discover negative information about an applicant on a background check.
If an employer decides to deny employment based on information obtained in a background check report, the employer must complete the adverse action steps before making the final hiring decision.
Fair Chance to Compete for Jobs Act (FCA)
The FCA is a federal fair chance hiring law that was signed by former President Donald Trump in Dec. 2019.
This law applies to employers seeking contracts with the federal government and the agencies that contract with them.
Employers may not inquire about an applicant’s criminal history until after they extend a conditional offer of employment.
The FCA prohibits federal agencies from contracting with companies that violate the FCA’s provisions by inquiring about criminal history before making conditional job offers.
Title VII of the Civil Rights Act of 1964 (Title VII)
Title VII of the Civil Rights Act of 1964 is a major anti-discrimination law.
It prohibits employment discrimination based on the protected characteristics of applicants and employees.
According to guidance the Equal Employment Opportunity Commission has issued for employers, companies should individually assess convictions discovered on background checks as they directly relate to the open position before deciding not to hire an applicant based on that information.
Municipal Codes
The city has several important municipal codes employers should be familiar with.
Washington, D.C. Fair Criminal Records Act
The Fair Criminal Records Act was signed into law in 2014 by former Mayor Vincent Gray.
This is a ban-the-box law that forbids employers from inquiring about an applicant’s criminal history until after they have made conditional employment offers.
The Fair Criminal Records Act does not apply to federal employers operating in D.C. Covered employers include private companies with 11 or more employees.
Lie Detectors Prohibited
Under D.C. Code §§ 32–901 – 32-903, employers are prohibited from requiring lie detector tests during the application process or for current employees.
This law doesn’t apply to federal employers or foreign government employers operating in D.C. The police department, fire department, and the Department of Corrections are also exempt from the prohibition on lie detectors in employment.
This law does apply to all other employers doing business in the city.
10-year Lookback Period for Criminal Records
Under D.C. Code § 2–1402.66, employers may obtain an applicant’s arrest record, including criminal convictions, from the D.C. Metropolitan Police Department with the applicant’s notarized and signed consent.
However, there is a 10-year lookback period for convictions. The report will not include information about convictions for which the sentence was completed more than 10 years before the date of the background check.
Mandatory Background Checks for Healthcare Workers
Under D.C. Code §§ 44-551 TO 44-554, healthcare facilities hiring unlicensed healthcare workers who will have direct contact with patients must conduct criminal background checks.
Employers that contract with Medicaid to provide services are covered.
This law also permits covered employers to conduct criminal background checks on other applicants who will not provide direct care to patients.
Covered employers may not employ or contract with a covered applicant until a criminal background check has been completed.
Employers are barred from employing unlicensed healthcare workers with convictions for any of the following crimes in the past seven years:
- Arson
- Burglary
- Assault and battery
- Kidnapping
- Robbery
- Theft
- Forgery/fraud
- Illegal use or possession of a firearm
- Sexual abuse or assault
- Child abuse
- Possession with intent to distribute a controlled substance
Employers are also prohibited from employing individuals who appear on the Nurse Aide Abuse Registry.
Mandatory Background Checks for Childcare Workers
Under D.C. Code §§ 4–1501.01 – 4-1501.11, employers hiring people to work with children ages 12 and under or youth ages 13 to 17 must complete criminal background checks.
This requirement also applies to volunteer applicants and covers any public or private agency that provides services to children.
If the position requires the applicant to transport children, the employer must also conduct a motor vehicle records check.
Mandatory Background Checks for Department of Corrections (DOC) Workers
Under D.C. Code § 24-211.41, the Department of Corrections must conduct pre-employment criminal background checks on all applicants.
The agency must also conduct ongoing criminal background checks on current employees every two years.
Turn to iprospectcheck for Accurate, Fast Employment Background Checks
If you want to make sound hiring choices, you should conduct employment background checks on every applicant.
At iprospectcheck, we quickly return comprehensive, accurate employment background checks that comply with all local and federal laws.
To learn more about our employment background check services and receive a free quote, call iprospectcheck today: 888-509-1979
Helpful Resources:
- Metropolitan Police Department Police Clearances – Provides information about how to request criminal record information from the D.C. Metropolitan Police Department.
- D.C. Courts Information on How to Obtain a Criminal Background Check – Provides information on how to obtain criminal background checks from the D.C. Metropolitan Police Department and fingerprint-based checks from the Federal Bureau of Investigation (FBI).
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.
FAQs
How long does a background check take in Washington, D.C.?
The length of the pre-employment background check process can vary based on the searches requested.
However, our team at iprospectcheck uses state-of-the-art technology and leverages extensive resources to return employment background check reports quickly.
In most cases, the turnaround times for background checks for employers in D.C. are as little as a few hours.
How far back do D.C. employment background checks go?
Jobs paying less than $75,000 per year are covered by the FCRA’s seven-year restriction, which means they will only report information about arrests not leading to convictions, debt collections, Chapter 13 bankruptcies, paid tax liens, and civil lawsuits or judgments from the last seven years when requested.
The FCRA’s time restriction doesn’t apply to jobs paying salaries of at least $75,000.
While the FCRA doesn’t limit the reporting of conviction information, the D.C. municipal code generally restricts the reporting of convictions to the last 10 years.
Non-criminal information about an applicant’s education or employment can go back any length of time, but most employers ask for information from the most recent few years.
