Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA OverviewAdditional Compliance Requirements
Beyond the FCRA, several sources determine the requirements for a compliant public safety screening program.
State Commissions
Peace officer standards and training commissions certify officers and set the minimum hiring standards agencies must meet.
Federal Firearms Law
A domestic violence conviction bars a person from possessing a firearm, which ends eligibility for an armed position.
Criminal Justice Systems
Access to criminal justice databases requires a fingerprint-based check and periodic recertification.
Civil Service Rules
Merit system law governs testing, ranking, disqualification, and the appeal rights a candidate holds.
Recommended Screening Components
Background check components depend on whether the position is sworn, armed, and certified by the state.
| Position |  SSN Trace |
 Address History |
 Form I-9 |
 Live Scan |
 County Criminal |
 National Criminal Database |
 Federal Criminal |
 Civil Records |
 Employment History |
 Credential Verification |
 Credit Reports |
 MVR |
 Physical Exams |
 Drug Testing |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Police Officer | ||||||||||||||
| Deputy Sheriff | ||||||||||||||
| Corrections Officer | ||||||||||||||
| Firefighter | ||||||||||||||
| Paramedic and EMT | ||||||||||||||
| Dispatcher | ||||||||||||||
| Civilian Support Staff | ||||||||||||||
| Command Staff |
State commissions set minimum standards for sworn positions, which is why so much of this table is required rather than recommended. The commission names the components, and each state writes its own list.
Determined by agency policy and civil service rules. Sworn candidates also complete a polygraph examination and a psychological evaluation, neither of which is a background check component.
Notes on This Package
The state certifies the officer, not just the agency. A peace officer standards and training commission grants certification to the individual after they meet the state’s hiring, training, and testing requirements. The agency hires, and the commission certifies. An officer who loses certification cannot work as an officer for any agency in that state.
The investigation goes well beyond a report. A sworn candidate’s background investigation is conducted by an investigator who interviews former employers, neighbors, relatives, and references, reviews financial and driving history, and documents the findings in a file the commission can audit. It takes weeks to months and produces a record no screening company delivers.
A domestic violence conviction ends an armed career. Federal law prohibits a person convicted of a misdemeanor crime of domestic violence from possessing a firearm, and no exception exists for police or military duty. A qualifying conviction disqualifies a candidate from any armed position permanently unless the conviction is expunged, set aside, or pardoned.
Applicants disclose more than they would elsewhere. Personal history statements ask about drug use, financial history, driving, relationships, and prior applications to other agencies. Most agencies treat a false or omitted answer as disqualifying on its own, separately from whatever the answer would have revealed.
The Background Investigation
A sworn candidate goes through several distinct stages, each capable of ending the process.
The personal history statement
The candidate completes a detailed questionnaire covering employment, residences, finances, driving, drug use, arrests, and prior applications. Investigators verify the answers, and the document sets the scope of everything that follows.
The investigator’s work
An assigned investigator conducts interviews, visits former employers, contacts references and the people those references name, and reviews court, credit, and driving records. The resulting file documents the sources contacted and what each said, and it is retained for review by the commission.
Medical, psychological, and polygraph
Most states require a medical examination and a psychological evaluation by a licensed examiner, conducted after a conditional offer. Many agencies also administer a polygraph examination during the investigation. Federal law restricts private employers from using polygraphs and exempts government employers, which is why the practice exists here and almost nowhere else.
Beyond General Public Safety
Requirements differ by function and by who employs the person.
| Fire and EMS | Certification runs through a state fire marshal or EMS office rather than a peace officer commission. Medical and physical ability standards carry more weight, and paramedics hold clinical licenses subject to board discipline. |
| Corrections | Officers work inside facilities with continuous inmate contact, and states screen for prior relationships with incarcerated people. Contraband introduction is the central integrity concern. |
| Private Security | Guards are licensed by a state regulator rather than certified by a peace officer commission, and armed guards carry a separate firearms permit. See Security. |
| Federal Agencies | Federal officers and agents go through suitability determinations and, in many roles, a security clearance. See Government. |
Screening Considerations
State Certification Standards
Commissions set the minimum hiring standards an agency must meet, including the components of the background investigation. Agencies can require more than the state minimum and cannot require less.
Decertification History
Commissions revoke certification for misconduct, and a national index records those actions so other states can see them. Agencies check the index before hiring an officer certified elsewhere.
Firearms Eligibility
A misdemeanor domestic violence conviction bars firearm possession under federal law with no duty exception. A candidate for an armed position is disqualified permanently unless the conviction is cleared.
Polygraph Examinations
Government employers are exempt from the federal restriction that keeps private employers from using polygraphs. Many agencies administer one as part of the investigation, and state law can limit how results are used.
Psychological Evaluation
A licensed examiner evaluates the candidate after a conditional offer, which is when the ADA permits a medical or psychological examination. States commonly specify who may conduct it and what standards apply.
Prior Agency Records
Investigators request personnel files, internal affairs findings, and separation records from previous agencies. Several states now require agencies to release that history and prohibit agreements that conceal it.
Investigation Timelines
The process runs weeks to months, and academy dates are set around it. Candidates commonly hold other employment while the investigation proceeds.
Consumer Reports in the Process
Where an agency orders a report from a screening company, the FCRA disclosure, authorization, and adverse action requirements apply. Records the agency pulls directly from criminal justice systems are governed by different rules.
Common Questions
What is POST certification?
A state commission’s certification of an individual officer after they meet hiring, training, and testing standards. Without it, a person cannot work as a sworn officer in that state.
What is decertification?
A commission revoking an officer’s certification, usually for misconduct. It bars the person from policing anywhere in that state and is recorded in a national index.
Does past drug use disqualify a candidate?
It depends on the substance, the amount, and how long ago. Agencies set thresholds, and states sometimes set a minimum, so answers vary between departments.
Why is a polygraph allowed here?
Federal law restricting polygraph use applies to private employers and exempts government employers. Public safety agencies fall under that exemption.
Does a domestic violence conviction disqualify?
For any armed position, yes. Federal law bars firearm possession after a qualifying conviction with no exception for police duty.
Do bad credit reports disqualify a candidate?
Not by itself. Investigators look at financial history as one factor, and unresolved debt or a pattern of nonpayment draws more attention than a low score.
Can a candidate appeal a rejection?
Civil service rules usually provide a review process with defined rights. Where a consumer report contributed, the FCRA adverse action steps also apply.
How long does the process take?
Weeks to months for the background investigation alone, before the academy. Agencies plan academy dates around completed investigations.
Related Positions
For the package that applies to a specific role rather than the industry as a whole:
Other public agency roles are covered under Government, where civil service and public sector fair chance rules apply.
Worth Knowing
A Commission Can Revoke an Officer’s Certification
State commissions strip certification for misconduct, and those actions are recorded in a national index that other states search. An officer can be barred from policing without ever being charged with a crime.