Mention background checks to most HR leaders and the first question is about privacy and GDPR. It’s a fair concern, so let’s start there.
We’re experimenting with AI-powered video explainers to make background screening easier to understand: how it works, what it can reveal, and what the rules allow.
Are background checks GDPR-compliant?
At Mindit, no check starts without the candidate’s signed consent, listing every area we’ll verify. Before anything begins, the candidate should understand the process, its purpose and what the results can mean for their application.
Consent is our documented authorisation, but it isn’t always the only legal basis. Each jurisdiction sets its own rules:
- Romania: GDPR and Law 190/2018 apply. Article 10 GDPR limits criminal record data to cases allowed by law, and Article 29 of the Labour Code (Law 53/2003) keeps employer questions tied to the candidate’s ability to do the job.
- UK: UK GDPR applies. Criminal record checks run through the DBS at basic, standard or enhanced level, depending on the role. Under the Rehabilitation of Offenders Act 1974, many older convictions become spent and don’t have to be disclosed. Rehabilitation periods changed in October 2023, so check current gov.uk guidance case by case.
- US: The FCRA requires a standalone written disclosure and the candidate’s written authorisation before a third-party check, plus a set adverse action process. Many states and cities also have fair chance (“ban-the-box”) laws that push criminal history questions later in hiring.
When there’s nothing to worry about, most candidates are happy to go ahead. They benefit too: if they join, they join a team that’s been through the same checks.
What does a background check actually do?
At its most basic, it confirms whether what a candidate told you is true. Some companies already have their own checklist, but the goal is always the same: an accurate picture of the candidate before an offer is on the table.
If you’re looking for the right person, this gets you as close as you can get. And with a workforce that moves easily between employers and countries, verifying declared history across borders matters more than ever.
How does the process work?
- Consent first. The candidate gets a clear explanation of the process and signs consent listing every area to be checked.
- The checks. We verify the agreed areas, which can include education, employment and references, certifications, criminal records, court records, media and social media, shareholding, global sanctions lists and drug testing. You choose what’s verified.
- A person on the case. A dedicated case handler stays in touch with the candidate and answers their questions along the way.
- The report. Typically within 5 to 10 days, you receive a report covering exactly what you asked us to verify. It opens with a findings summary flagged by severity: confirmed, minor mismatch or major mismatch. Each check then shows what the candidate claimed next to what we verified, and how we verified it.
How often do candidates misrepresent themselves?
More often than most hiring teams expect. Three studies, three angles:
- 78% of job seekers in a 2020 Checkster survey (400 job seekers, 400 hiring managers) said they’d misrepresented themselves on an application or CV, or had thought about it. The most common: claiming skills they rarely use, like Excel or a foreign language (60%), stretching time at one employer to hide another (50%), inflating job titles (41%) and listing a degree they were a few credits short of (40%).
- 70% of 1,900+ US workers surveyed by ResumeLab (2023) admitted lying on their CV. The top lies: embellished responsibilities (52%), job title (52%) and how many people they managed (45%).
- Over three-quarters of employers in HireRight’s 2025 Global Benchmark Report found discrepancies during screening in the previous 12 months. The most common were undisclosed criminal convictions, followed by education and employment history.
A caveat: the first two are self-reported and US-based, so treat them as a signal rather than a precise rate. HireRight’s employer data, which covers Europe too, points the same way.
What we see at Mindit
In our own checks, one of the most common findings is a mismatch between the experience a candidate declares and what we can verify.
How a mismatch shows up in a Mindit report
Here’s what that looks like in practice, taken from our sample report. The candidate and companies are fictional; the format is the one our clients receive.
Every check sets what the candidate claimed against what we verified, and notes the source, for example “Direct contact. Confirmation provided over the phone.”
| Check | Claimed | Verified | Flag |
|---|---|---|---|
| Employment at Company X, end date | December 2018 | October 2018 | Minor mismatch |
| CCNA certification at Academy, period | 2010 to 2012 | 2010 to 2014 | Major mismatch |
| University degree, Informatics | October 2006 to July 2010 | October 2006 to July 2010 | Confirmed |
Two months off on an end date is a minor mismatch. It may be an honest mistake, or it may cover a gap. A two-year difference on a certification is flagged as major.
The checks also back each other up. In the sample, the candidate’s LinkedIn profile shows a different period at Company X than the CV. Our CV overview flags it under media correlation, which points straight back to the employment finding. Where references are part of the package, a former manager answers a set of structured questions, from key responsibilities to whether they’d rehire the candidate.
The report doesn’t make the decision for you. It closes with a recommendation, in this case: “We recommend further discussions with the candidate regarding the findings.” That’s where the case handler comes in: the candidate gets a fair chance to explain, and you decide with the full picture.
Every HR professional has met a candidate who stretched the truth in at least one area. Left unchecked, it hits productivity, team morale, service quality and relationships with clients and colleagues.
Why criminal record checks matter
HR is responsible for the safety of everyone at work. When a role involves cyber security, financial data or confidential client information, the stakes are higher. A lawful criminal record check, run within the rules above, helps you avoid putting the wrong person in a sensitive role.
Protecting your reputation
Background checks can also include media checks. They flag public information about a candidate’s past conduct that could put your company’s reputation at risk.
Why checks need people, not just platforms
Our view: background screening works best when a real person handles each case. Candidates often have questions or concerns. Why is this check needed? What happens to my data? How will this part of my history be verified?
With a dedicated background analyst, they get specific answers straight away, and the process doesn’t stall waiting on a ticket or an automated reply. That means less friction for the candidate and faster results for you.
Whether it’s criminal records, education, employment history or professional qualifications, we can help, starting today. If background checks could help your company, drop us a line at office@mindit.ro.
