Credit Reports

• Employers often ask to see credit reports. Potential employees who refuse are unlikely to go further in the hiring process. If you give written permission for your potential employer to check your credit report, whatever is in the report -- including positive credit history or late payments, delinquencies, credit write-offs and other negative information -- can be used by the employer to make a decision about whether to hire you. If the employer seeks to see your credit report and chooses not to hire you, he is obligated to send a letter to you with a copy of your report and a statement of your right to dispute what is in the report. Some states have additional laws regarding credit reports.
  
  

Bankruptcy

• Bankruptcies are not only on a credit report; they are also a matter of public record, so anyone wanting to look into a bankruptcy may do so. Court records are usually kept on file for a period in the bankruptcy court where the case was tried and are also held at the National Archives.
  
  

Workers' Compensation Records

• Workers' compensation records are also generally a matter of public record, and each state has a department covering workers' compensation that is the source for information on particular workers' compensation cases. A formal request must be made with the government organization that manages the records according to that state's rules.
  
  

Criminal Records

• Criminal records are generally public but different states have different laws about to what extent an employer may consider a potential employee's criminal record in deciding whether or not to hire the applicant. The Small Business Administration recommends employers find out what those laws are before checking into potential employees' criminal records. If the criminal record is not usable as a criteria but the employer knows about a potential employee's record and chooses not to hire the applicant, it could lead to repercussions for the employer.
  
  

What They Can't Check

• Employers can't just check into anything they want, according to the Small Business Administration. The Family Education Rights and Privacy Act makes school records confidential. Medical records are confidential, though an employer may ask if a potential employee is physically capable of doing a particular job. Also, under the Employee Polygraph Protection Act, employers may not give potential employees polygraph tests.