A few things...first off, its my understanding (per info that was given to us by the company we use for background checks) you are only allowed to perform a background check on an individual who you have offered a position to. You need to let them know that you are performing the background check, as they have the right to know whats on that check if it effects their employment. Background checks often will show you both charges that an individual has faced as well as the disposition (whether the charge was dismissed or what they faced). You are legally entitled to rescind a job offer based on a guilty conviction, etc, however you cannot rescind a job offer based on charges that have been dismissed.
I would highly recommend using one of the background check companies that is business partners with the ACA (we use Nat'l Background Investigations and they've been great to do business with). Realize, though, that background checks are often state by state and even county by county, so you can check a staff member who is from Georgia, but if they do something on spring break in Florida, it may not show up on the check. Any good background check company will help you figure out the best check for you.
