Sample Background Check Policy Report for a Remote Employee Working in Three States
This page shows a complete sample background check policy report from our policy builder for a multi-state position. A fictional software company with 320 employees entered one remote customer success manager. The employee lives in Minneapolis and regularly works in Des Moines and Kansas City. In return, the builder applied 46 rules from seven layers of law and wrote the draft policy language below. Read the guide first, then scroll through the full report exactly as the company received it.
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The scenario behind this sample background check policy
Every report starts with a short questionnaire. For this sample, a fictional employer, Brightdesk Software, described a full-time remote customer success manager. The manager lives in Minneapolis and regularly visits customers in Des Moines, Iowa, and Kansas City, Missouri. Moreover, the company employs 320 people, is headquartered in Texas, and already has a written policy. It plans county and national database searches, a sex offender registry search, and a motor vehicle record. It also plans employment and education checks and a social media review.
Three answers reveal gaps. The company asks about criminal history after the interview, and it runs the check at the same stage. It was also unsure whether it uses a written individualized assessment. Consequently, the report lists three required changes. In contrast to the remote IT sales sample, this remote position touches three states and three city ordinances.
| Input | What the company entered | Why it changes the report |
|---|---|---|
| Position | Remote Customer Success Manager, full-time, exempt, salaried at $92,000 a year | Pay of $75,000 or more lifts the FCRA seven-year limit on non-conviction records. |
| Employer | Private software company, no regulated industry, 320 employees; enrolled in E-Verify | Size triggers Title VII and every local ordinance in the report. No industry-specific check applies. |
| Work locations | Lives in Minneapolis (Hennepin County), Minnesota; also works in Des Moines, Iowa, and Kansas City, Missouri; headquarters in Texas | The report applies all three states and all three cities. It does not apply Texas, because the law follows the place of work. |
| Duties | Access to confidential customer data; occasional driving in a personal vehicle | The motor vehicle record becomes a recommended check. Theft, fraud, and computer crimes lead the job-related offense list. |
| Checks planned | County and national database searches; sex offender registry; felonies, misdemeanors, and pending charges; seven-year lookback; MVR; employment and education verification; social media review | The report confirms the package and recommends statewide and federal searches. It also sets rules for the social media review. |
| Gaps | Asks about criminal history after the interview; checks at the same stage; unsure about a written individualized assessment | All three become required items in “Your process: what to change.” |
How to read the report
Each recommendation is a card with a colored label and a plain-English instruction. A source line cites the statute, regulation, or guidance behind it. Therefore, your employment counsel can verify every item without re-researching it. The four labels tell you how much weight each card carries.
A law that applies to this position requires or prohibits the step. Where two laws conflict, the report shows the strictest one as required.
No statute compels the step, but skipping it creates real legal risk. Most of these come from EEOC guidance and negligent-hiring case law.
A step that well-run screening programs take everywhere. This sample has one: a fixed seven-year lookback where no state cap applies.
Context the company needs: which laws apply and why, why the headquarters state is left out, and the draft policy language itself.
The strictest rule wins
This manager is covered by federal law, three states, and three city ordinances at the same time. Instead of listing seven versions of each rule, the report picks the most protective one. For example, Minnesota lets an employer ask about criminal history once the applicant is selected for an interview. Des Moines, however, bars the question until after a conditional offer, and Kansas City bars any decision until then. As a result, the report shows the conditional-offer rule as required for the whole position.
Gaps become a change list
Near the end, the section “Your process: what to change” repeats only the cards where current practice falls short. Here it lists three items. Move the question and the check to after the conditional offer, and adopt a written individualized assessment. Additionally, the numbered draft policy folds every required item into language the company can adopt.
What the sections cover
The report has 13 sections in a fixed order. It opens with the FCRA steps every employer must follow. Then it explains which laws apply and when the company may ask about criminal history. Next, it covers which records count and how far back to look. After that come notices, the search package, credit reports, drug testing, salary history, and other checks. Finally, it lists the process changes, the draft policy, and a color-coded checklist of what is in place and what to add.
The sample report: Remote Customer Success Manager, three states
Below is the full report, rendered as HTML. The cards match what the company saw on screen and in its 14-page PDF. The employer and contact are fictional. However, every rule, citation, and date is real and current as of October 1, 2026. Use the chips to jump to a section.
Start hereLaws applied to this positionWhen you may ask about criminal historyWhich records you may considerHow far back you may lookIndividualized assessment and required noticesRecommended searches for this positionEmployment credit reportsDrug and marijuana testingSalary historyOther checks and verificationsYour process: what to changeDraft policy language for this positionYour answersChecklist
Remote Customer Success Manager
Required or prohibited by law 16Strongly recommended to reduce legal risk 10Best practice 1Informational reminder 19
Jurisdictions applied
Start here: the foundation of every screening policy
These items apply to every position you screen. Put them in place before anything else.
Stand-alone disclosure and signed authorization before every report
Before you order any report from a background screening company, give the applicant a written disclosure that consists solely of the statement that a consumer report may be obtained for employment purposes, and get a signed (or e-signed) authorization. Keep waivers, extra terms, and state notices off the disclosure page; put state-required language on a separate page. Certify to the screening company that you have done this and will follow the adverse-action rules.
Source: 15 U.S.C. § 1681b(b)(2) Read the law →
Apply the same screening package to every applicant for the same position
Order the same searches and apply the same written decision criteria to every applicant for this position. Deviations by individual (for example, checking one candidate’s credit but not another’s) are the most common source of discrimination claims, and Title VII disparate-treatment liability attaches to employers with 15 or more employees. Document any exception and the business reason for it.
Source: Title VII; EEOC Enforcement Guidance (2012) Read the law →
Two-step adverse action before any rejection based on a report
If a report may lead you to reject an applicant, first send a pre-adverse action notice with a copy of the report and the CFPB Summary of Rights, then wait at least five business days for the applicant to respond, and only then send the final adverse action notice naming the screening company, stating that it did not make the decision, and explaining the right to dispute and to a free copy within 60 days.
Source: 15 U.S.C. §§ 1681b(b)(3), 1681m Read the law →
Keep a written background screening policy and adverse-action procedure
A written policy that names the searches ordered for each position, the timing, the decision criteria, the individualized-assessment steps, and the adverse-action sequence is what regulators and plaintiffs ask for first. Update your existing policy with the position-specific items below.
Source: EEOC guidance; state requirements
When rules conflict, the strictest one wins
This position is subject to 7 layers of law (federal, state, and local). Where they differ, follow the most protective rule for the applicant; that is the rule shown as “required” below. Recommendations are current as of October 1, 2026.
Keep the file
Keep the disclosure, authorization, report, assessment notes, and notices for at least one year after the decision (two years for federal contractors); several laws require longer (Maryland four years, Los Angeles and San Francisco three years, Massachusetts CORI acknowledgments one year with a dissemination log). Store reports separately from the personnel file and dispose of them securely.
Source: 29 C.F.R. § 1602.14; FTC Disposal Rule Read the law →
Laws applied to this position
Federal law
The Fair Credit Reporting Act governs every report prepared by a screening company; Title VII and the EEOC’s 2012 guidance govern how criminal history may be used (15 or more employees); the ADA governs the timing of medical examinations.
Source: 15 U.S.C. § 1681 et seq.; 42 U.S.C. § 2000e Read the law →
Minnesota state law
Applied because work is performed in Minneapolis, Hennepin County, Minnesota. All employers may not inquire into, consider, or require disclosure of criminal history until the applicant has been selected for an interview, or, if there is no interview, until a conditional offer. Exempt: the Department of Corrections and employers required by law to run checks or barred from hiring people with certain convictions. Minneapolis (Ordinance 2025-022, effective Aug. 1, 2025) adds ‘justice-impacted status’ as a protected class with an individualized-assessment duty; an arrest without conviction alone cannot support adverse action.
Source: Minn. Stat. § 364.021 Read the law →
City of Minneapolis ordinance
Justice-impacted status (any arrest, charge, conviction, incarceration, or probation) is a protected class under the Civil Rights Ordinance for any employer in Minneapolis and any employer whose employee performs services partly or wholly in Minneapolis, regardless of size. An employer may not make an adverse decision based on an arrest that did not result in conviction (pending matters aside), and before adverse action on a record must weigh whether the person was convicted, time elapsed, nature and gravity of the offense, age at the offense, rehabilitation, and any unreasonable risk to property or safety. Decisions required by state or federal law, regulation, or government contract (for example positions working with children or in law enforcement) are exempt. Minnesota’s statewide interview-stage rule also applies.
Source: Minneapolis Code of Ordinances ch. 139 (Ordinance 2025-022, Aug. 1, 2025) Read the law →
Iowa state law
Applied because work is performed in Des Moines, Polk County, Iowa. No statewide law. Waterloo (Ordinance 5522, adopted Nov. 4, 2019) bars every employer from asking about criminal history on the job application, and bars employers with 15 or more employees from asking until after a conditional offer; in Iowa Ass’n of Business & Industry v. City of Waterloo (Iowa June 18, 2021) the Iowa Supreme Court upheld those timing rules but held that Iowa Code § 364.3(12) (2017 Acts ch. 20) preempts the ordinance’s limits on considering arrests, pending charges, expunged records, or convictions without a business reason. Des Moines (Ordinance No. 16,083, Mun. Code § 62-71.1, effective Dec. 3, 2021) bars private employers from asking about criminal history before a conditional offer. No other Iowa city has a private-employer fair-chance ordinance.
Source: No statewide ban-the-box law Read the law →
City of Des Moines ordinance
Employers with four or more employees may not ask about criminal history on applications or in interviews before a conditional offer. Exempt: positions where a law requires a check or bars people with certain convictions.
Source: Des Moines Mun. Code § 62-71.1 (Ordinance No. 16,083, effective Dec. 3, 2021) Read the law →
Missouri state law
Applied because work is performed in Kansas City, Jackson County, Missouri. State agencies do not ask about criminal history on initial applications (Executive Order 16-04). No statewide rule for private employers; Kansas City (6 or more employees, no inquiry until the applicant is otherwise qualified and interviewed), St. Louis City (10 or more, same trigger, decision only if the record is reasonably related to the job) and Columbia (all employers, no inquiry before a conditional offer) have ordinances covering private employers.
Source: Executive Order 16-04 (state agencies) Read the law →
Kansas City, Missouri ordinance
Employers with six or more employees may not ask about criminal history until after an interview, may not base a hiring decision on criminal history until after a conditional offer, and may withdraw an offer only where the history is reasonably related to the duties and responsibilities of the position. Exempt: positions where a law requires a check or bars people with certain convictions.
Source: Kansas City Code § 38-104 (Ordinance 180034, June 9, 2018; criminal history added as a protected class Jan. 2025) Read the law →
Headquarters state (Texas) not applied
Background-check laws follow the place where the work is performed, so your headquarters state’s rules are not applied to this position. If your HR team in Texas also hires for roles located there, run this builder separately for those roles.
When you may ask about criminal history
Wait until after a conditional offer of employment
Ask about, search for, or consider criminal history only after a conditional offer of employment. This is the strictest timing rule among the laws that apply to this position (City of Des Moines and Kansas City, Missouri). You currently ask after the interview, so the application form, interview script, and the point at which you order the report all need to move.
Source: Des Moines Mun. Code § 62-71.1 (Ordinance No. 16,083, effective Dec. 3, 2021); Kansas City Code § 38-104 (Ordinance 180034, June 9, 2018; criminal history added as a protected class Jan. 2025) Read the law →
Remove criminal-history language from job ads and applications
Delete the conviction question from the application form and remove statements such as “no felonies” or “clean record required” from postings; most fair-chance laws (for example Colorado, New Jersey, Vermont, Maine, Washington, New York City, Philadelphia, Los Angeles, and Seattle) treat such statements as violations. Where the law requires it (Los Angeles County, Philadelphia), the posting must instead state that criminal history will be reviewed after a conditional offer.
Source: State and local fair-chance laws Read the law →
Run non-criminal checks first
Sequence the order: identity and SSN trace, employment and education verification, license checks, and any permitted credit or MVR check before or with the offer; order the criminal search only once the conditional offer has been made. New York City and Los Angeles County make this sequencing mandatory.
Which records you may consider
Never consider sealed, expunged, set-aside, or pardoned records
Every jurisdiction that applies bars their use. Applicants may lawfully deny that these records exist, and screening companies may not report them. Clean-slate laws now seal eligible records automatically in many states, so a record that appeared on a report last year may be off-limits this year. Sealed, expunged, and juvenile records leave the public file and may not appear on a compliant report or be considered at any salary level. Expunged records (dismissals and acquittals under Iowa Code § 901C.2, one eligible misdemeanor after eight years under § 901C.3, discharged deferred judgments under § 907.9) are confidential and may not appear on or be used in an employment check. Expunged records (Mo. Rev. Stat. § 610.140) may not be considered; the applicant may deny them except for listed licensing and financial positions.
Source: State sealing and expungement statutes
Never consider juvenile records
Juvenile adjudications are confidential in every state that applies to this position and may not be requested or used: Juvenile records are private (Minn. Stat. § 299C.095) and never appear on compliant reports.
Source: State juvenile-records statutes; FCRA § 605 Read the law →
Treat arrests and non-convictions with caution
No jurisdiction here flatly prohibits it, but an arrest is not proof of conduct, the EEOC treats reliance on arrests as a disparate-impact risk, and screening companies may not report non-convictions older than seven years (the seven-year limit is lifted for this position because it pays $75,000 or more). Consider only pending charges whose underlying conduct is job-related, and only after looking at the facts. Minnesota: Arrest history is not public data in Minnesota; state searches return convictions only. Non-convictions follow the federal seven-year limit.
Source: EEOC Enforcement Guidance (2012); 15 U.S.C. § 1681c Read the law →
Pending charges: job-related conduct only, and re-verify before deciding
Pending charges may generally be considered when the alleged conduct relates to the job, but do not treat a charge as a conviction. Re-check the disposition before any final decision.
Source: State fair-chance laws Read the law →
Marijuana convictions are protected here
Minnesota: Misdemeanor cannabis offenses are expunged automatically (Minn. Stat. § 609A.055); felony cases go to the Cannabis Expungement Board. Simple-possession convictions are being expunged automatically in many states and rarely relate to job duties; using them invites disparate-impact claims.
Source: State marijuana-conviction protections Read the law →
Convictions: consider only those that relate to this job
Felony and misdemeanor convictions may be considered, but only through the individualized assessment described below and only where the offense relates to the duties of a Remote Customer Success Manager. Blanket exclusions (“no felonies”) are unlawful in the fair-chance jurisdictions that apply here and are treated as presumptively discriminatory by the EEOC everywhere.
Source: EEOC Enforcement Guidance (2012); state fair-chance laws Read the law →
Write job-related criteria for this position
Given the duties you described, the offense categories with a defensible relationship to this job are: theft, fraud, embezzlement, forgery, identity theft, and computer crimes. Put these categories, the time limits, and the assessment factors in a written screening matrix for the position so every reviewer applies the same standard.
Source: EEOC Enforcement Guidance (2012) Read the law →
How far back you may look
Recommended lookback: seven years
No state seven-year cap covers this position. Under the federal FCRA, convictions may be reported at any age, and because the position pays $75,000 or more, non-convictions may also be reported beyond seven years. Recommended scope: seven years. The EEOC treats older records as weaker evidence of risk, and a fixed written limit is easier to defend than open-ended review.
Source: 15 U.S.C. § 1681c; EEOC Enforcement Guidance (2012) Read the law →
Individualized assessment and required notices
Written individualized assessment is mandatory here
You do not currently use a written individualized assessment. It is required for this position. Before withdrawing an offer because of a record, document the nature and gravity of the offense, the time elapsed, and the nature of the job, give the applicant the record and your preliminary reasoning, wait the required period, consider any response, and then issue a final written decision. City of Minneapolis: Justice-impacted status (any arrest, charge, conviction, incarceration, or probation) is a protected class under the Civil Rights Ordinance for any employer in Minneapolis and any employer whose employee performs services partly or wholly in Minneapolis, regardless of size. An employer may not make an adverse decision based on an arrest that did not result in conviction (pending matters aside), and before adverse action on a record must weigh whether the person was convicted, time elapsed, nature and gravity of the offense, age at the offense, rehabilitation, and any unreasonable risk to property or safety. Decisions required by state or federal law, regulation, or government contract (for example positions working with children or in law enforcement) are exempt. Minnesota’s statewide interview-stage rule also applies. Kansas City, Missouri: Employers with six or more employees may not ask about criminal history until after an interview, may not base a hiring decision on criminal history until after a conditional offer, and may withdraw an offer only where the history is reasonably related to the duties and responsibilities of the position. Exempt: positions where a law requires a check or bars people with certain convictions.
Source: Minneapolis Code of Ordinances ch. 139 (Ordinance 2025-022, Aug. 1, 2025); Kansas City Code § 38-104 (Ordinance 180034, June 9, 2018; criminal history added as a protected class Jan. 2025) Read the law →
Minnesota notices and forms
The disclosure must include a checkbox for a free copy of the report, and when the applicant requests it the screening company must send the copy within 24 hours of providing the report to the employer (Minn. Stat. § 13C.02, subd. 2).
Source: Minn. Stat. § 364.021 Read the law →
Add the “request a copy” checkbox to your disclosure
California, Minnesota, and Oklahoma require the disclosure to include a box the applicant can check to receive a free copy of the report; put it on the state-notice page, not on the stand-alone federal disclosure.
Source: Cal. Civ. Code § 1786.16; Minn. Stat. § 13C.02; 24 O.S. § 148 Read the law →
Recommended searches for this position
County criminal search: current and prior counties of residence
The county court is the source of record; order a search in each county where the applicant has lived or worked in the lookback period, identified through an SSN trace and address history. Statewide and national databases supplement, not replace, county searches.
Source: Industry standard; FCRA § 613 accuracy duties
Statewide repository search where the state offers one
Add the statewide search for each work and residence state that has a usable repository; it catches counties the address history misses. Some states (California, for example) have no public statewide search, and repository data quality varies. Not in your current package.
Federal criminal search
Federal district court records (fraud, embezzlement, tax, securities, and computer crimes) do not appear in county or state searches. The duties of this position make a federal search worthwhile. Not in your current package.
Database results must be verified at the source before you act on them
A national multi-jurisdictional database is a locator tool. Before any adverse decision, the record must be confirmed against the court of record (the FCRA requires screening companies to keep public-record information complete and current, and several states bar reliance on unverified database hits). Never reject on a database-only result.
Source: 15 U.S.C. § 1681k Read the law →
Sex offender registry search
Included in your package; it is a reasonable addition for most roles and is required for positions serving vulnerable populations.
Employment credit reports
No credit report planned
No credit-check restriction applies here. If you add one later, limit it to roles with financial responsibility and document the job-related reason.
Drug and marijuana testing
No drug testing planned
You indicated no drug testing for this position. If you add it later, re-run the builder: several of the jurisdictions here restrict marijuana testing and require written policies.
Salary history
Do not ask about salary history
Minnesota — Employers may not ask about or consider past or current pay; employers with 30 or more employees must include pay ranges in postings (Jan. 1, 2025). Kansas City, Missouri — Employers with six or more employees may not ask about or rely on salary history. Remove the question from applications and interview scripts, and tell your screening company not to request prior pay during employment verification.
Source: Minn. Stat. § 363A.08, subd. 8 (Jan. 1, 2024); Kansas City Code § 38-104 (Ordinance 190380, Oct. 31, 2019) Read the law →
Other checks and verifications
Motor vehicle record
This position involves driving; order the MVR with the other post-offer checks and re-check annually for regular drivers. Motor vehicle records may be obtained for employment purposes under the Driver’s Privacy Protection Act (18 U.S.C. § 2721(b)(3) and (b)(13); § 2721(b)(9) separately permits employers to obtain or verify CDL-holder information required under 49 U.S.C. chapter 313). Obtain written consent and order through a screening company or the state DMV; many states require a state-specific MVR release.
Source: 18 U.S.C. § 2721 Read the law →
Employment verification
Confirm dates, titles, and eligibility for rehire. Do not ask prior employers for pay history where a salary-history ban applies (and Massachusetts and Washington extend the ban to screening vendors).
Education verification
Verify degrees with the registrar or clearinghouse and check the institution against diploma-mill lists; a false degree claim is a stronger and more defensible basis for rejection than most criminal records.
Social media review: never request passwords, and wall off protected information
Review only public content, have someone outside the hiring decision (or a screening company operating under the FCRA) collect it, remove protected-characteristic information (religion, pregnancy, disability, age, national origin, union activity, lawful off-duty conduct) before it reaches the decision-maker, and apply the same review to every finalist for the position.
Source: EEOC / Title VII Read the law →
Automated or AI screening tools: audit for bias and keep a human in the loop
No AI-specific hiring law applies to this position yet, but Title VII disparate-impact rules apply to any tool that screens or ranks applicants. Obtain the vendor’s validation and adverse-impact analysis, give applicants notice, keep a human decision-maker, and never let an automated tool consider criminal history before the point at which you may lawfully consider it.
Source: EEOC technical assistance (2023)
E-Verify is voluntary for this position
E-Verify is voluntary under federal law except for federal contractors with the FAR E-Verify clause (48 C.F.R. 52.222-54: enroll within 30 days of award, verify new hires within three business days of hire, and verify existing employees assigned to the contract). Every employer must still complete Form I-9 for each new hire: Section 1 by the first day of work and Section 2 within three business days of the first day of work (8 C.F.R. § 274a.2). The current Form I-9 is the 01/20/25 edition (expires 05/31/2027); USCIS also accepts the 08/01/23 edition through 05/31/2027. Several states mandate E-Verify for private employers above a size threshold; the state rule is shown where it applies.
Source: 8 C.F.R. § 274a.2; 48 C.F.R. 52.222-54 Read the law →
Your process: what to change
Move the background check to after a conditional offer of employment
You currently run the check after interview. The law for this position requires waiting until after a conditional offer of employment. Update the applicant-tracking workflow so the report is ordered only at that point.
Wait until after a conditional offer of employment
See “When you may ask about criminal history” above. Ask about, search for, or consider criminal history only after a conditional offer of employment. This is the strictest timing rule among the laws that apply to this position (City of Des Moines and Kansas City, Missouri). You currently ask…
Source: Des Moines Mun. Code § 62-71.1 (Ordinance No. 16,083, effective Dec. 3, 2021); Kansas City Code § 38-104 (Ordinance 180034, June 9, 2018; criminal history added as a protected class Jan. 2025) Read the law →
Written individualized assessment is mandatory here
See “Individualized assessment and required notices” above. You do not currently use a written individualized assessment. It is required for this position. Before withdrawing an offer because of a record, document the nature and gravity of the offense, the time elapsed, and the nature of the job,…
Source: Minneapolis Code of Ordinances ch. 139 (Ordinance 2025-022, Aug. 1, 2025); Kansas City Code § 38-104 (Ordinance 180034, June 9, 2018; criminal history added as a protected class Jan. 2025) Read the law →
Draft policy language for this position
Background Screening Policy — Remote Customer Success Manager
1. Purpose and scope. [Company Name] conducts background screening for the position of Remote Customer Success Manager to verify qualifications, protect employees, customers, and property, and comply with applicable law. This policy applies to all applicants for the position. The same searches and criteria apply to every candidate for the position.
2. Consent. Before any report is obtained from a consumer reporting agency, the candidate receives a stand-alone written disclosure and provides written authorization. State-required notices are provided on a separate page. [Company Name] certifies its compliance to the screening company.
3. Timing. Criminal history is not requested on the application or in job advertisements. [Company Name] asks about, searches for, and considers criminal history only after a conditional offer of employment. Non-criminal checks (identity, employment, education, license) are completed first.
4. Searches. The screening package for this position consists of: county criminal court search in each county of residence and employment during the lookback period; statewide criminal search where available; federal criminal search; national criminal database and sex-offender registry search, with all results verified at the source; employment verification; education verification; motor vehicle record. The lookback period is seven years. Records older than the lookback period, sealed, expunged, set-aside, or pardoned records, juvenile records, and arrests or charges that did not result in a conviction (other than pending charges whose alleged conduct relates to the position) are not considered. Pre-trial diversions that ended in dismissal are not considered. Deferred adjudications are treated as non-convictions and are not considered.
5. Decision criteria. A conviction is considered only if it relates to the duties of the position. For a Remote Customer Success Manager, the offense categories with a documented relationship to the job are listed in the position screening matrix. No candidate is rejected automatically because of a record.
6. Individualized assessment. Before withdrawing an offer because of a record, the hiring manager and Human Resources document the nature and gravity of the offense, the time elapsed since the offense or completion of the sentence, and the nature of the position; provide the candidate with the record and the preliminary reasons; allow at least 5 business days for the candidate to respond with evidence of inaccuracy, rehabilitation, or mitigating circumstances; consider the response; and issue a final written decision.
7. Adverse action. If a report may lead to an adverse decision, [Company Name] sends a pre-adverse action notice with a copy of the report and the Summary of Rights, waits the period in section 6, and then sends a final adverse action notice that names the screening company, states that the screening company did not make the decision, and explains the candidate’s dispute rights and right to a free copy of the report.
8. Salary history. [Company Name] does not ask candidates or prior employers about compensation history. Offers are based on the budgeted range for the position.
9. Records and confidentiality. Screening reports and assessment records are stored separately from personnel files, accessible only to those involved in the decision, retained for [one / two / four] years after the decision, and then securely destroyed.
10. Review. This policy and the position screening matrix are reviewed at least annually and whenever the position, its work locations, or applicable law changes. Rules current as of October 1, 2026.
Source: Draft for review by counsel
Your answers
The questionnaire answers that produced this report, exactly as the company entered them.
| Job title | Remote Customer Success Manager |
| What type of employer are you? | Private company |
| How many employees do you have across all locations? | 320 |
| Is your organization in any of these regulated industries? | None of these |
| Will the background check be obtained from a background screening company (a consumer reporting agency) or run in-house by your staff? | Screening company |
| Where will this position perform its work? | Fully remote |
| Where does the applicant live? | Minneapolis, Hennepin County, Minnesota |
| List the other locations | Des Moines, Polk County, Iowa; Kansas City, Jackson County, Missouri |
| Where is your company headquartered? | Texas |
| Who is being screened? | New applicant |
| Employment status | Full-time |
| Is this a managerial or executive position, or exempt from overtime under the FLSA? | Yes |
| Does the position involve any of the following? | Access to confidential customer data, trade secrets, or personal information |
| Will the applicant drive as part of the job? | Occasionally, in their own vehicle |
| Is this a safety-sensitive position under federal law, state law, or your own written policy? | No |
| Is a background check for this position required by a federal or state law, a licensing board, a government contract, or a bonding or insurance requirement? | No |
| Does the position require a security clearance or work on a federal contract? | No |
| Does the position require a professional license or certification? | No |
| How is this position paid? | Annual salary |
| Expected annual compensation | $92,000 |
| Will you ask the applicant about their prior salary or wage history? | No |
| Will you run a criminal history check? | Yes |
| Which criminal searches do you plan to run? | County courts (current and prior residences); National multi-jurisdictional database; Sex offender registry |
| Which record types do you want to consider? | Felony convictions; Misdemeanor convictions; Pending charges |
| How far back do you want to look? | 7 years |
| When do you currently ask about criminal history? | After the interview |
| Will you use a written individualized assessment (nature of the offense, time elapsed, relation to the job) before rejecting an applicant because of a record? | Not sure |
| Will you apply the same criteria to every applicant for this position? | Yes |
| Will you request an employment credit report? | No |
| Will you drug test? | No |
| Which verifications will you run? | Employment history; Education |
| Will you pull a motor vehicle record (MVR)? | Yes |
| Will you review the applicant’s social media or other public internet content? | Yes |
| Will any automated, algorithmic, or AI-based tool be used to score, rank, or screen applicants or background reports? | Not sure |
| Will you rescreen employees or use continuous monitoring after hire? | No |
| Will you check federal exclusion lists (OIG, SAM)? | No |
| Has the applicant lived, worked, or studied outside the U.S. in the past 7 years? | No |
| At what stage do you currently run the background check? | After the interview |
| Do you give applicants a stand-alone FCRA disclosure and get written authorization before ordering the report? | Yes |
| When a report leads you to reject someone, do you send a pre-adverse action notice, wait, and then send a final adverse action notice? | Yes, both notices |
| What would you like the builder to produce? | Both |
Your screening policy checklist
Green: already in place. Amber: recommended addition. Red: required addition.
- Stand-alone FCRA disclosure and signed authorization You give the stand-alone disclosure and get written authorization before every report.
- Two-step adverse action (pre-adverse notice, wait, final notice) You send both notices and wait the required period.
- Timing of the criminal-history question Ask about, search for, or consider criminal history only after a conditional offer of employment.
- Written screening policy and adverse-action procedure You keep a written policy and procedure; update it with the position-specific items in this report.
- Written individualized assessment before any rejection Add to your policy: written individualized assessment is mandatory here.
- Same searches and criteria for every applicant You apply one package and one set of criteria to every applicant for the position.
- Record types limited to what the law allows The record types you consider are within the limits that apply here.
- Lookback period within the legal limit Your lookback period is within the limit that applies here.
- No salary-history questions You do not ask applicants or prior employers about pay history.
- E-Verify and Form I-9 You are enrolled in E-Verify and run every new hire.
- Motor vehicle record for a driving position You pull the MVR for this driving position.
- Social media review Recommended: review public content only, never request passwords, and wall off protected information before it reaches the decision-maker.
- Automated or AI screening tools Recommended: confirm the vendor bias audit, notice language, and human review before using any automated tool.
Important
This report is general compliance information prepared from the laws in effect on the date shown. It is not legal advice and does not create an attorney-client relationship. Laws change frequently and local rules may add requirements; confirm the recommendations with your employment counsel before adopting a policy. screeningpolicy.com and Langley Porter AG LLC do not make hiring decisions and are not a law firm.
What a multi-state employer does with this background check policy report
A company with remote staff cannot write one policy per city by hand. Instead, HR runs one report per position and lets the strictest rule set the process. Then counsel reviews it and the screening vendor configures it. Each step below takes less time than the research it replaces.
Send it to counsel
Forward the PDF to your employment lawyer. Every card cites its source, so review takes minutes rather than billable days.
Fix the change list
Work through “Your process: what to change.” Here that means moving the criminal check after the offer and adding the written assessment.
Brief your screening vendor
Order the confirmed package with source verification, plus the recommended statewide and federal searches. Add Minnesota’s copy-request checkbox to the disclosure.
Re-run it when the map changes
Adopt the updated policy language. Then run a new report whenever the employee moves or the territory adds a state.
Why a remote position needs its own policy report
The law follows the work
The company is based in Texas, yet Texas law does not apply to this hire. Screening law follows the place where the work is performed. Therefore, the report applies Minnesota, Iowa, and Missouri and says why Texas is left out.
Cities matter as much as states
Iowa and Missouri have no statewide fair-chance law for private employers. Des Moines and Kansas City do, and Minneapolis protects justice-impacted status. The report finds each ordinance from the city name and applies it.
One process for every location
Three sets of rules could mean three hiring workflows. Instead, the report shows the strictest rule in each category as required. The company can then follow one process that satisfies all seven layers.
Sample background check policy report: frequently asked questions
What is a sample background check policy report?
It is a real output of our policy builder for one job position, shown here as an example. The report lists every federal, state, and local screening rule that applies to the position. It labels each one by weight, cites its source, and ends with draft policy language. This sample covers a remote customer success manager at a 320-employee software company, working in Minnesota, Iowa, and Missouri.
Is Brightdesk Software a real employer?
No. The company and the contact name are fictional, and the answers were chosen to show a typical multi-state hiring scenario. However, every rule, citation, penalty amount, and effective date is real. All of them are current as of the date printed on the report.
Which state’s background check laws apply to a remote employee?
The laws of the places where the work is performed. Here the employee lives in Minneapolis and regularly works in Des Moines and Kansas City. Therefore, the report applies Minnesota, Iowa, and Missouri, plus all three city ordinances. It leaves out Texas, the headquarters state, and explains why.
What do the red, amber, green, and blue labels mean?
Red means a law requires or prohibits the step. Amber means the step is strongly recommended to reduce legal risk, usually under EEOC guidance or negligent-hiring case law. Green marks a best practice with no legal driver. Blue marks a reminder that gives context, such as which laws apply or how long to keep records.
Why does the report apply seven layers of law to one position?
Each work location brings its own state and local rules. Federal law is the first layer. Minnesota, Iowa, and Missouri add three more. Minneapolis, Des Moines, and Kansas City add the last three. The report lists each layer in “Laws applied to this position” with its source.
What happens when the three states set different rules?
The report shows the strictest rule as required. For example, Minnesota allows the criminal history question once the applicant is selected for an interview. Des Moines bars it until after a conditional offer. Consequently, the report requires the conditional offer for the whole position. One process then satisfies every location.
Does the headquarters state matter?
Not for this position. Background check laws follow the place where the work is performed. The report notes that Texas is not applied. If the Texas office also hires for roles located there, the company should run the builder separately for those roles.
Why does a $92,000 salary change the report?
The FCRA limits most non-conviction records to seven years. However, that limit is lifted when the position pays $75,000 or more. As a result, older non-conviction items may be reported for this position. The builder still recommends a written seven-year lookback as a best practice.
Can I use the draft policy language as written?
Treat it as a draft for counsel, not a finished policy. Fill in the bracketed fields, such as the company name and the retention period. Then attach the screening matrix and have your employment lawyer confirm the language. The report is general compliance information and not legal advice.
How do I get a report for my own position?
Open the policy builder, answer the questionnaire for one position and its work locations, and pay $25. The report appears on screen instantly and arrives by email as a PDF. Nothing you enter is stored on our servers.
Get the same report for your position in about two minutes
Enter the position, the pay, and every place the person will work. Our engine compiles the applicable federal, state, and local screening laws and returns a color-coded report with draft policy language. Then your counsel reviews it and signs off.
Build your policy report for $25Download this sample as a PDF
ScreeningPolicy.com is operated by Langley Porter AG LLC. Reports are general compliance information, not legal advice, and do not create an attorney-client relationship. Confirm every recommendation with your employment counsel before adopting a policy.