In March 2015, the GAO issued a report, Criminal History Records: Additional Actions Could Enhance the Completeness of Records Used for Employment-Related Background Checks, GAO 15-162.  The report looked at, among other things, the FCRA protections for consumers and regulations of employers and background check companies.  The report concluded that

The use of private companies to conduct criminal history record checks appears to be increasing because of employer demand and can provide benefits, such as faster response times. Federal agencies regulate these companies and have settled complaints, such as in cases where the wrong records were sent to employers. Private companies can face challenges in obtaining complete and accurate records, in part because not all states make their criminal record information accessible for private companies to search.