FDIC Bank Background Check Requirements and Compliance

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The FDIC requires banks to conduct thorough background checks on their employees, particularly those in sensitive positions. The FDIC's guidelines are designed to prevent financial crimes and maintain the integrity of the banking system.

Banks are required to check the credit history of their employees, including any bankruptcies, foreclosures, or tax liens. This information is used to assess the employee's financial responsibility and potential risk to the bank.

The FDIC also requires banks to verify the identity and employment history of their employees, including any gaps in employment. This helps to prevent identity theft and ensures that employees are who they claim to be.

Banks must maintain accurate and up-to-date records of their employees' background checks, including any adverse information. This information must be kept confidential and only accessible to authorized personnel.

Employer Responsibilities

Employers must follow federal regulations, such as those set by the Federal Deposit Insurance Corporation (FDIC), to establish and maintain compliance in the financial industry.

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Conducting background checks is essential for organizations to minimize risk and protect customers' assets. Employers should use the information from a background check to better protect customers' assets and ensure that workers are qualified for their positions.

Employers must follow the Fair Credit Reporting Act (FCRA) regulations when running background checks to maintain compliance. This includes getting consent from candidates before running a background check.

Employers are looking for signs that a candidate has previously demonstrated responsible handling of finances or sensitive information. They also want to see that the individual has not violated important financial regulations during prior employment.

Employers must verify a candidate's education, experience, and professional licensing if required for the position. This includes checking for any criminal convictions related to finance and bankruptcies.

Employers should work with a professional background check provider, also known as a consumer reporting agency (CRA), to minimize manual labor and speed up the background check process. This can help employers streamline the background check process and maintain compliance with federal and state regulations.

Conducting a Background Check

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Conducting a background check can be a straightforward process, but it requires some effort. Employers can request records directly from government entities, courts, previous employers, and other sources, but this can be time-consuming and costly.

To make the process easier, many employers work with a professional background check provider, known as a consumer reporting agency (CRA). This can save time and money, and help ensure compliance with federal regulations.

Employers who use a CRA will need to follow the Fair Credit Reporting Act (FCRA) regulations to maintain compliance. This includes completing additional steps during the background screening process based on applicable local, state, or federal laws.

What Does It Consist Of?

A financial background check can be a lengthy process, but it's essential to ensure you're hiring the right person for the job. There is no industry standard for financial background checks, so what's included can vary from one institution to the next.

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A financial services background check may include reports that confirm a candidate's employment eligibility based on compliance regulations and business policies. These reports can flag prior convictions that make a candidate ineligible for a particular position.

Employers are required to comply with FDIC background check requirements, including an OCC lifetime ban list check for certain positions. This check is necessary to ensure the candidate isn't on a lifetime ban list.

Having all the information from a financial background check allows a company to make an informed hiring decision.

How to Conduct

You can conduct a background check directly by contacting government entities, courts, previous employers, and other relevant sources. However, this can be a time-consuming and costly process.

Individual background checks may be requested from various agencies, but employers will need to handle all communication with candidates about the background check process. This can be a challenge, especially for large companies.

Employers can work with a professional background check provider, also known as a consumer reporting agency (CRA), to simplify the process. This can save time and money, and minimize manual labor.

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Checkr is an example of a CRA that enables employers to build customized background check packages based on their company's specific needs. Employers can request reports, including OCC exclusion list checks, and adjudicate results through one easy-to-use dashboard.

Employers who work with a CRA must follow federal Fair Credit Reporting Act (FCRA) regulations to maintain compliance. This is an important step to ensure that background checks are conducted fairly and accurately.

Employers may also need to complete additional steps during the background screening process based on applicable local, state, or federal laws. This can vary depending on the jurisdiction and specific laws in place.

Regulations and Laws

The FDIC requires financial institutions to conduct detailed background checks when hiring, designed to protect customers from financial fraud and abuse, as well as protect the institution from potential legal liabilities and reputational damage.

Financial institutions are now required to document their inquiries on employee criminal history, which can be done through criminal history background checks, fingerprint checks, or other unspecified methods at the discretion of the institution.

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The FDIC has provided guidance on the most effective pre-employment screening process for financial institutions to follow, including fingerprinting for all people subject to FDIC background checks.

Here are some key regulations and laws to consider:

  • Gramm-Leach-Bliley Act (GLBA): requires financial institutions to safeguard consumers' sensitive data
  • Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act): provides a multitude of protections to consumers and imposes new regulatory oversight on the financial services industry
  • Section 19 of the Federal Deposit Insurance Act (FDIA): prohibits certain individuals from working for an FDIC-insured financial institution, including those convicted of crimes of dishonesty, breach of trust, or money laundering

What Is a Background Check?

A background check is a thorough investigation into an individual's past, typically conducted by employers or government agencies to verify the accuracy of information provided by job applicants or license seekers.

The Fair Credit Reporting Act (FCRA) regulates background checks in the United States, requiring employers to obtain written consent from applicants before running a check.

Background checks can include a review of an individual's employment history, education, and credit reports.

Employers must also comply with the Equal Employment Opportunity Commission (EEOC) guidelines, which prohibit discrimination based on certain characteristics, such as age or disability.

Compliance Requirements

Financial institutions are required to document their inquiries on employee criminal history. This can be done through criminal history background checks, fingerprint checks, or other unspecified methods at the discretion of the institution.

Employers must comply with the Fair Credit Reporting Act (FCRA) and the Federal Deposit Insurance Act (FDIA) when conducting background checks. The FCRA requires employers to provide disclosures and receive consent from candidates before conducting checks.

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Employers must also follow objective adjudication guidelines when evaluating background check results. This includes considering the severity and relevance of any convictions or other issues found in the report.

The FDIC requires financial institutions to conduct detailed background checks when hiring, and these requirements are designed to protect customers from financial fraud and abuse.

Employers can use the information from a background check to better protect customers' assets, ensure that workers are qualified for their positions, and build a productive workplace.

Here are some specific compliance requirements for financial institutions:

  • Criminal history background checks
  • Fingerprint checks
  • Other unspecified methods at the discretion of the institution

The FDIC has a searchable database of people who are barred from financial services employment because of applicable convictions. Employers can use this database as a first step of a comprehensive background check.

Employers must also comply with the Gramm-Leach-Bliley Act (GLBA), which requires financial institutions to safeguard consumers' sensitive data. This may involve performing comprehensive background checks on all employees who will be in possession of that consumer data.

Compliance and Consequences

Compliance with FDIC bank background check requirements is crucial to avoid penalties. Civil monetary penalties can reach millions of dollars, and knowingly violating Section 19 can result in up to $1 million for each day of violation, imprisonment of up to five years, or both.

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To maintain compliance, employers must follow their organization's background check policies and federal regulations like the FCRA. They must also provide disclosures and receive consent from candidates before conducting checks. Compliance-minded employers train their teams on relevant workflows and include this information in a written guide, such as an employee handbook.

Noncompliance with FDIC background check requirements can lead to increased regulatory and public scrutiny. FDIC-insured institutions that fail to follow FDIC background check requirements can risk suspension or termination of insurance.

Maintaining Compliance

Maintaining compliance with background check regulations is crucial to avoid potential FCRA violations. A well-communicated screening policy is essential to inform candidates of the background check process and their rights.

Developing and maintaining a standard screening policy is a good starting point. This policy should be clearly communicated to candidates and current employees, and should include information on ongoing background check reporting processes.

Employers must receive consent from candidates before conducting background checks. This can be done by providing a written notice that a background check will be performed, along with a summary of the candidate's rights.

To mitigate potential FCRA violations, employers must follow the adverse action process if they decide not to move forward with a candidate as a result of their background check report(s).

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Certain financial institutions and positions fall under the FDIC umbrella and are subject to additional background check regulations. For example, Section 19 excludes individuals from working in the financial services industry if they have been convicted of certain crimes.

Here are some compliance requirements for financial institutions:

  • Criminal history background checks
  • Fingerprint checks
  • Other unspecified methods at the discretion of the institution

Employers must document their inquiries on employee criminal history, which can be done through these methods.

Consequences of Noncompliance

Noncompliance with FDIC background check requirements can result in civil monetary penalties, which can reach millions of dollars depending on the severity of the violation.

Knowingly violating Section 19 can result in up to $1 million for each day of violation, imprisonment of up to five years, or both.

Failing to follow FDIC background check requirements can lead to suspension or termination of insurance for FDIC-insured institutions.

A cease-and-desist order may require a bank to take affirmative action to correct the conditions resulting from any such violation or practice.

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Increased regulatory and public scrutiny are possible consequences of failing to meet FDIC background check requirements, which can erode confidence among customers and investors.

Noncompliance may signal a lack of commitment to due diligence, regulatory adherence, and ethical practices, all of which are paramount in the financial sector.

Financial institutions must proactively monitor changes in agency guidance and regularly review their internal auditing processes to remain in compliance and avoid negative consequences.

Who Must Comply

If you're a bank or financial institution insured by the FDIC, you're required to run pre-employment background checks on employees, contractors, or consultants who impact your operations.

Banks and financial institutions must also run background checks whenever people change their job title or role within the organization.

Employees, contractors, or consultants who work in sensitive positions or have access to customer data are typically subject to these requirements.

You can run background checks through various methods, including criminal history background checks, fingerprint checks, or other unspecified methods at your discretion.

Here are some groups that must comply with FDIC background check requirements:

  • Employees
  • Contractors
  • Consultants
  • Anyone who has an impact on the institution's operations

Frequently Asked Questions

What disqualifies you from working at a bank for a background check?

Convictions for financial-related crimes, money laundering, or crimes involving dishonesty or breach of trust can disqualify you from working at a bank. A thorough background check will review your past to ensure you meet the necessary standards

What type of background check do banks do?

Banks typically conduct comprehensive background checks that review an applicant's criminal record, credit report, and employment history. This thorough process is governed by federal laws protecting consumer privacy and preventing discrimination.

Victoria Funk

Junior Writer

Victoria Funk is a talented writer with a keen eye for investigative journalism. With a passion for uncovering the truth, she has made a name for herself in the industry by tackling complex and often overlooked topics. Her in-depth articles on "Banking Scandals" have sparked important conversations and shed light on the need for greater financial transparency.

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