Background Checks & Testing

As technology advances, more and more information about us is collected and accessible to anyone who wants to know. Credit reports, rap sheets, medical records -- it's all available to anyone who has the means to find it. But the law places some limits on what kind of information an employer can gather about applicants and employees, and how it can be gathered. The articles in this section explain the rules for background checks, testing, drug tests, and more.  

Find out what prospective employers can legally find out about you in the hiring process.

Learn about legal protections for applicants and employees with criminal records.

If you're looking for work, make sure your online posts won't cost you a job.

Although federal law allows employers to check credit, some states don't.

In California, potential employers can check your DMV records as part of a background check for a job.

Does your state allow a prospective employer to ask you about your criminal records?

Know your rights as an applicant if a potential employer requires a drug test.

Find out your state's rules for testing applicants and employees.

Federal law and the laws of most states prohibit employers from requiring lie detector testing, with very limited exceptions.

Some states prohibit employers from discriminating against smokers.

An employer can't force you to take a drug test, but it can refuse to hire you without one.

Even if you have failed an employer’s drug test, you may have legal challenges to the test or to any actions the employer took based on the test results.

Empower Yourself: DIY Products by Nolo

Sidestep the lawyers with do-it-yourself books, documents, and software.

Supervise employees and independent contractors safely and legally with Nolo's Human Resources Bundle, which covers everything from employment law to discipline and office management.
Handle employment decisions legally and effectively—whether your workers are on-site or remote
Nolo's Business Negotiation Nondisclosure Agreement form gives you the tools you need to keep your confidential information safe so you can focus on the negotiations at hand.
Obtain consent to perform a background check on prospective tenants with this easy-to-use form.

Nolo offers hundreds of consumer-friendly, do-it-yourself legal products for all types of legal situations. Browse our full product list.

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