Quick answer: Software engineer background check requirements are set by the employer, not by law, but any check run through a screening company must follow the Fair Credit Reporting Act (15 U.S.C. 1681): written disclosure, signed authorization, and adverse action notices. Typical searches cover criminal records, identity, employment, and education. Reveal Background returns most searches same day.

  • Choose searches by the access the role carries: source code, production systems, customer data or payment data.
  • Follow the FCRA steps in order: disclosure, authorization, pre-adverse action, adverse action.
  • Check state and local rules (ban-the-box, credit check limits, lookback periods) before you order.

What background check does a software engineer need?

No federal statute requires one specific screen for software engineers. Most hiring teams run a core package and add searches based on the level of access the role carries.

A standard package from Reveal Background can include the following searches:

  • SSN trace: verifies identity and lists addresses linked to a Social Security number, which tells you which counties to search.
  • County criminal search: checks court records in each county where the candidate has lived.
  • State and national criminal database: a wider net that points to records in other jurisdictions.
  • Federal criminal search: covers federal district courts, relevant for fraud and computer-crime cases.
  • Sex offender registry search.
  • Employment verification: confirms titles and dates at prior employers.
  • Education verification: confirms degrees and bootcamp or university attendance.
  • Motor vehicle report (MVR): only if the job involves driving.

Which searches fit which engineering role?

Suggested searches by software engineer role type
Role Core searches Consider adding
Junior or general software engineer SSN trace, county criminal, national database Education verification
Senior engineer or engineering manager Core plus employment verification Education verification, federal criminal
Engineer with production or customer data access Core plus federal criminal, sex offender registry Employment and education verification
Fintech or payments engineer Core plus federal criminal Credit report, only where state law permits and the job relates to it
Engineer who drives for the job Core plus MVR Drug testing

What are the FCRA steps for hiring a software engineer?

The Federal Trade Commission explains that employers who use a screening company must follow the FCRA (FTC, “Background Checks: What Employers Need to Know”, as of 2026). The steps run in this order:

  1. Stand-alone disclosure: tell the candidate in writing, in a document that contains only the disclosure, that you may obtain a background report.
  2. Written authorization: get the candidate’s signed permission before ordering.
  3. Certification: certify to the screening company that you have permissible purpose and will follow equal employment laws.
  4. Pre-adverse action notice: if the report may cost the candidate the job, send a copy of the report and the CFPB summary of rights before deciding.
  5. Waiting period: give the candidate a reasonable time to dispute errors. Five business days is a common practice.
  6. Adverse action notice: if you reject the candidate, send a final notice with the screening company’s contact details and the right to dispute and obtain a free copy.

The Consumer Financial Protection Bureau publishes the FCRA text and the summary of rights form your notices must include.

How should you use criminal records for engineering hires?

The Equal Employment Opportunity Commission states that blanket exclusions based on arrest or conviction records can create liability under Title VII of the Civil Rights Act (EEOC, “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions”, as of 2026). It recommends an individualized assessment.

That assessment weighs three factors:

  • The nature and gravity of the offense.
  • How much time has passed since the offense or sentence.
  • The nature of the job. A fraud conviction matters more for a payments engineer with production access than an unrelated old misdemeanor.

An arrest without a conviction is not proof that the conduct occurred. Document your reasoning for each decision.

What state limits apply?

State and local law often goes further than the FCRA. Check these before you order:

  • Ban-the-box: many states and cities bar criminal history questions until after an interview or conditional offer. This matters for remote hiring, where the candidate’s location may set the rules.
  • Seven-year rules: the FCRA limits reporting of most non-conviction records, such as old arrests, to seven years, with a salary exception. Some states apply lookback limits to convictions as well.
  • Credit checks: several states limit employment credit reports to roles where they relate to the job.
  • Fair-chance procedures: some jurisdictions add their own notice and response steps on top of the FCRA.

Pre-order checklist for hiring teams

  • Define the searches for each role in writing before posting the job.
  • Apply the same package to every finalist in the same role.
  • Use the stand-alone disclosure and signed authorization every time.
  • Confirm the candidate’s work location and the state and local rules that apply.
  • Run checks after a conditional offer where required.
  • Prepare pre-adverse and adverse action templates in advance.
  • Keep reports confidential and store them separately from personnel files.

How fast can you get results?

Reveal Background returns most searches the same day. Court access, employer response time and school record offices can slow county criminal, employment and education checks. There is no setup fee and you pay per report. You can create an account and order online. If the role also requires drug testing, coordination is available through American Screening Corp.

Frequently asked questions

Is a background check legally required for software engineers?

No federal law requires one for most software roles. Employers choose to run checks, and some contracts or regulated clients require them. Once you do, the FCRA governs the process.

Can I run a credit check on a software engineer?

Sometimes. Federal law allows it with disclosure and authorization, but several states restrict employment credit checks. Use it only when the job, such as financial system access, relates to the information.

How far back do criminal checks go?

Convictions have no federal reporting limit. Most non-conviction records are limited to seven years under the FCRA, and some states set shorter periods. Check the candidate’s state.

What must I do if a report costs a candidate the job?

Send a pre-adverse action notice with the report and the CFPB summary of rights. Allow time to dispute. Then send a final adverse action notice if you proceed.

Sources

This article is general information, not legal or medical advice; consult counsel on adverse action and state-specific rules.

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