I think background checks are usually done at the point when you've decided to make an offer, and take the form of "is there something she's not telling us?". A

I think background checks are usually done at the point when you've decided to make an offer, and take the form of "is there something she's not telling us?". At that point, she will have had a chance to disclose the incident in context, so at least the context is considered. According to this article[1], the employer has to "have a legal release form completed by the applicant, inform that person of his/her rights, and provide that applicant with a copy of the report, as well as adverse actions communications". If she's rejected on the back of an incident that's not on her criminal record, but found on Google, she's going to have a pretty good case against the employer. 1: http://www.forbes.com/sites/mikalbelicove/2012/10/26/the-10-dos-and-donts-o-conducting-employee-background-checks/ http://www.forbes.com/sites/mikalbelicove/2012/10/26/the-10-...