Usually, yes. Most temp and staffing agencies run a background check before they place you, and many also require a drug test, especially for warehouse, driving and healthcare jobs. The agency is usually your employer, so it handles the screening, often to the standards each client company sets. A record doesn’t automatically rule you out.
Background checks: most agencies run one before your first assignment, with criminal searches, an identity check and sometimes employment or driving records. Drug tests: common for warehouse, manufacturing, driving and healthcare roles, and required for DOT-regulated drivers. Timing: often a few business days. A record isn’t an automatic no, and you have rights if something on the report is wrong.
This guide answers the questions job seekers ask about temp agency screening. If you run a staffing firm, the last section covers how to screen candidates quickly and fairly, and staffing background checks shows how Bchex does it.
Do temp agencies do background checks?
Most do. When a temp or staffing agency places you, the agency is usually your employer of record. It pays you, and it answers to the client company where you work. Clients expect the agency to send screened workers, so a background check before the first assignment is standard.
The client often decides what’s required. A warehouse client may ask for a criminal search and a drug test, while a hospital or school client may ask for more. That’s why two assignments through the same agency can come with different checks.
The agency needs your permission first. Under the Fair Credit Reporting Act, an employer that uses a background check company must tell you in a stand-alone document and get your written authorization (15 U.S.C. 1681b). For a full walk-through of the process, see pre-employment background checks.
What do staffing agencies check?
Most temp agency checks start with criminal records and identity, then add searches that fit the job.
| Check | What it shows | When it’s used |
|---|---|---|
| Identity and address history | Confirms who you are and lists past names and addresses, which tells the agency where to search | Almost every placement |
| County and statewide criminal searches | Criminal cases in the courts where you’ve lived or worked | Almost every placement |
| Federal criminal search | Cases in federal court, such as fraud | Many placements, and most finance or high-trust roles |
| Sex offender registries | Current registrations | Common, and standard for healthcare, caregiving and schools |
| Employment and education verification | Past jobs, dates and degrees | Office and professional placements |
| Driving record (MVR) | License status, violations and suspensions | Driving and delivery jobs |
| Form I-9, plus E-Verify where required | Your identity and authorization to work in the U.S. | Every new hire |
Credit checks are rare for temp jobs. They’re mostly used for roles that handle money, and some states and cities limit them. Some agencies also search a national criminal database, which is broad but works best alongside county searches. More in is a national database the best screen for your staffing agency?
Form I-9 isn’t a background check, but it’s part of starting any job. You complete Section 1 by your first day, and the employer reviews your documents within three business days (USCIS Form I-9). Some employers also confirm work authorization through E-Verify, which is required for some employers and voluntary for most.
Do temp and staffing agencies drug test?
Many do. Drug tests are most common for warehouse, manufacturing, construction, driving and healthcare jobs, and for any client that runs a drug-free workplace program. Office placements are less likely to include one.
| Test | How it works | What to know |
|---|---|---|
| Urine | The most common pre-employment test, collected at a lab or clinic | Usually covers the last few days, longer for regular marijuana use |
| Oral fluid (saliva) | A swab, often collected on site | A shorter window, usually the last day or two |
| Hair | A small sample sent to a lab | Can show use over roughly the past 90 days |
| DOT test | A lab test under federal rules, with set panels and steps | Required before the job starts for commercial drivers and other DOT-regulated roles |
Most tests use a panel. A 5-panel test checks for five drug classes, such as marijuana, cocaine, amphetamines, opioids and PCP. A 10-panel test adds others, such as benzodiazepines and barbiturates. Jobs regulated by the U.S. Department of Transportation, such as commercial driving, follow the federal testing rules in 49 CFR Part 40.
Marijuana rules are changing. Some states, including California, New York and Nevada, limit pre-employment marijuana testing or how employers can use the result, with exceptions for safety-sensitive and federally regulated jobs. If you take a prescription medication, tell the collector or the medical review officer, a doctor who reviews a non-negative lab result before it’s reported.
For employers setting up a program, SAMHSA’s drug-free workplace resources cover policy basics, and pre-employment drug testing covers the practical side. Bchex offers drug testing with background checks.
How long does a temp agency background check take?
Many checks come back within a few business days. Some things take longer:
- County courts where a clerk pulls records by hand
- A common name that matches other people’s records
- Employment or education verification, which depends on how fast past employers and schools respond
- Holidays and court closures
Drug tests vary too. A rapid test gives a result the same day. Lab results for a negative test often come back within a day or two, while a non-negative result takes longer because it goes to a confirmation test and medical review. More in how long a background check takes.
Who pays for the background check and drug test?
Usually the agency. Screening is a cost of placing workers, and some states require employers to pay for any drug test they require. Most legitimate agencies don’t charge you to apply. If someone asks you for a fee before you’re hired, ask what it covers and get it in writing.
Can you get a temp job with a criminal record?
Often, yes. Many staffing agencies place people with records, and a record doesn’t automatically rule anyone out. What matters is the offense, how long ago it happened and the job.
- Federal limits on reporting. Background check companies generally can’t report arrests that didn’t lead to a conviction after seven years. Convictions can be reported no matter how old, unless your state sets a shorter limit (15 U.S.C. 1681c). More in how far back a background check goes.
- Fair chance laws. Many states and cities limit when employers can ask about criminal history, often until after a conditional offer.
- Individual review. Many employers look at the nature of the offense, the time since and the nature of the job, rather than ruling out everyone with a record. Some state and local fair chance laws require this review.
- Stricter roles. Jobs in schools, healthcare and caregiving, or with access to money, often have legal requirements that rule out certain offenses.
Be upfront when the application asks, and bring court documents that show how each case ended. A candidate’s checklist for a criminal record check and navigating background checks with a criminal record go further.
What happens if something shows up?
You have rights under the Fair Credit Reporting Act. The EEOC and FTC explain them in Background Checks: What Job Applicants and Employees Should Know.
You get notice first
Before an agency turns you down because of a background check report, it must send you a copy of the report and a summary of your rights (15 U.S.C. 1681b).
Check the report
Look for records that aren’t yours, cases that were dismissed or sealed, and old items that shouldn’t be there.
Dispute anything wrong
Contact the background check company named on the report. It generally has 30 days to look into a dispute (15 U.S.C. 1681i).
Tell the agency your side
Share court records that show how a case ended and what you’ve done since. Ask whether another assignment might fit.
Get the final decision in writing
If the agency decides not to place you, it must send an adverse action notice that names the background check company.
For a drug test, a medical review officer usually calls before a non-negative result is reported. Have your prescription details ready. Employers can read about the notice steps in adverse action in background screening.
How should staffing agencies screen candidates?
Recruiters need checks back before the start date, and clients need proof that every worker was screened to their standard. A few habits help on both sides.
- Build a package for each client and role. A warehouse placement, a driver and a caregiver need different searches. Set them up once so recruiters order the right check every time.
- Follow the FCRA steps every time. A stand-alone disclosure, written authorization, a pre-adverse action notice with a copy of the report, then the final notice. Background Checks: What Employers Need to Know walks through them.
- Screen everyone in a role the same way, and review records individually instead of using blanket rules.
- Complete Form I-9 on time, and use E-Verify where a state or contract requires it.
- Add a driving record and a DOT drug test for regulated drivers.
- Rescreen long-term placements on a set schedule, or when a client contract calls for it.
For a deeper checklist, get the free Staffing Pro’s Guide.
How does Bchex help staffing agencies?
Bchex runs background checks, drug tests and Form I-9 verification from one platform for staffing firms, PEOs and employers. About 85% of eligible searches come back within 24 hours, and more than 70% within 6 hours. Recruiters can order from their applicant tracking system through 100+ ATS integrations and an open API. See how staffing background checks work with Bchex.
Frequently asked questions
Do temp agencies do background checks?+Screen every placement before day one
Background checks, drug tests and Form I-9 for staffing firms, with about 85% of eligible searches back within 24 hours.