How Background Checks Work When You Hire Latin American Remote Talent

Background checks in Latin America sit at this intersection of possible, common, and legally complicated.

You can do them. People do them every day. But the rules change country by country, and what’s normal in the US can be straight-up illegal in Brazil.

What you actually need is simpler:

Identity verification is non-negotiable. You need to confirm who they claim to be with a passport or national ID plus their tax ID number (CPF in Brazil, CURP or RFC in Mexico, Cédula in Colombia, DNI in Argentina).

Work history and references. Talk to past clients. Look at their LinkedIn. Ask for invoices or contracts from previous gigs. This is where the real signal lives.

Education verification. If someone says they’re a certified accountant or they have an engineering degree that’s core to the role, verify it. For general remote work? Skip it.

Criminal record checks should only happen if the job touches money, payments, or truly sensitive data. Even then, you need to follow local rules carefully.

The Legal Landscape Across Major Markets

Every Latin American country has its own flavor of data privacy law, and they all take this stuff seriously.

Brazil and LGPD

Background checks are legal but tightly controlled by LGPD (their version of GDPR) and labor law.

You can verify identity, employment history, and education with explicit written consent.

Criminal and credit checks must be strictly job-relevant, and proving “relevant” is harder than you think.

Go too broad and you risk discrimination claims plus LGPD fines that scale with your revenue.

Mexico’s Privacy Framework

Checks are legal under the Federal Law on Protection of Personal Data (LFPDPPP).

You can request a criminal record certificate and verify work history, but you must issue a clear privacy notice explaining what you’re collecting and why. Then get explicit consent before processing anything.

Misusing candidate data or failing to protect it properly can trigger sanctions. Using false documents is grounds for termination under labor law, so verification matters, but do it right.

Colombia’s Habeas Data

Habeas Data requires explicit written consent for background checks.

Common checks include employment verification, education, and criminal record certificates from the National Police.

Here’s the catch: denying someone a job solely because of unrelated criminal history can be discriminatory.

Also, complete your checks before making a final offer. Revoking an offer based on a late background check is legally risky.

Argentina’s Strict Rules

Background checks are permitted but heavily regulated under their Personal Data Protection Law.

Employers can’t directly pull criminal records. Instead, you ask candidates to obtain a “Certificado de Antecedentes Penales” themselves and share it with you, and only if the role truly justifies it.

Using background data beyond what’s job-relevant or discriminating on protected grounds violates both data protection and anti-discrimination laws.

The pattern across all these countries? Explicit consent, data minimization (only what’s job-relevant), and clear documentation of why you need specific checks.

Step-by-Step: How to Actually Conduct Background Checks

Let me give you the practical sequence that keeps you legal and efficient.

Step 1: Define What You Actually Need

Before you post the job, decide which checks are truly necessary for this specific role.

For most remote positions (customer service, content writing, design, general development), you need identity verification, work history confirmation, and reference checks. That’s it.

For finance roles, bookkeeping, or positions handling payments, add a criminal record certificate request.

For roles requiring specific credentials (accounting, legal, engineering where licensing matters), add education verification.

Write down exactly what you’ll check and why. This documentation protects you later if questioned about your process.

Step 2: Choose Your Verification Method

You have two realistic options.

Option A: Handle it yourself through direct verification. This works if you’re hiring a few people and have time to navigate country-specific requirements.

Option B: Use a platform or partner that handles compliance. If you’re hiring at scale or across multiple countries, this saves massive headaches.

Platforms like HireTalent.LAT already pre-vets candidates the moment they create a profile, this includes a 5 step verification system.

Step 3: Get Explicit Written Consent

This isn’t optional in Latin America.

Before you run any checks, you need a signed consent form that clearly states:

• What information you’ll collect
• What checks you’ll perform
• Why these checks are necessary for the role
• How you’ll store and protect the data
• When you’ll delete it

Include this in your application process or send it before making an offer. Most hiring platforms with built-in compliance features will handle this documentation automatically.

Step 4: Verify Identity First

Start with the basics before moving to more complex checks.

Request a copy of their national ID or passport plus their tax ID number. For contractors, you’ll need this information anyway for payment processing.

Some platforms integrate payment systems (like Wise) that require verified identity upfront, which naturally builds this step into your hiring workflow.

Cross-check that the name on their ID matches their application, portfolio, and professional profiles.

Step 5: Check Work History and References

This is where you’ll catch most red flags.

Contact at least two previous clients or employers. Ask specific questions:

• How long did they work with you?
• What was the quality of their work?
• Were they reliable with deadlines?
• How did they handle sensitive information or money?
• Would you hire them again?

Look at their LinkedIn profile. Check that employment dates and positions match what they told you.

If they’re on a talent platform, look for any ratings, reviews, or completed projects. some platforms use applicant analysis systems that flag inconsistencies in work history automatically.

Step 6: Verify Education (If Relevant)

Only do this if the credential actually matters for the job.

For Brazil: schools like USP, Unicamp, and PUC. For Mexico: UNAM, Tec de Monterrey, ITESM. For Colombia: Universidad de los Andes, Nacional, Javeriana. For Argentina: UBA and UTN.

Contact the institution directly to confirm the degree was issued. Most universities have verification departments for this exact purpose.

Some candidates can provide official transcripts or digital certificates, which speeds up the process.

Step 7: Request Criminal Records (Only When Necessary)

Here’s where country rules diverge sharply.

In Mexico and Colombia: Ask the candidate to obtain their criminal record certificate from official government channels and share it with you. In Mexico, it’s available through the National Registry. In Colombia, through the National Police website.

In Brazil and Argentina: Keep this check extremely limited. In Argentina especially, you cannot pull records yourself. Ask candidates to obtain the certificate if the role genuinely requires it (handling money, financial data, etc.).

Document in writing why this specific role requires a criminal check. “Company policy” won’t cut it. You need a legitimate job-related reason.

Give candidates time to obtain these documents. Processing can take 5-10 business days, longer around major holidays.

Step 8: Store Data Securely and Set Deletion Timelines

Once you’ve collected documents, you have legal obligations.

Store identity documents, certificates, and consent forms in a secure system with limited access. Don’t leave this stuff in shared Google Drives or email threads.

Set a clear retention policy.

For candidates you don’t hire, delete their data within 30-90 days.

For people you hire, keep only what’s necessary for the employment relationship and delete the rest after they leave.

Tell candidates exactly how you’ll protect their information and when you’ll delete it.

Step 9: Document Everything

Keep records of:

• What checks you performed and when
• Consent forms with signatures
• Why specific checks were job-relevant
• Who accessed candidate data
• When documents were deleted

If you ever face a complaint or audit, this documentation proves you followed proper procedures.

Practical Tips That Make This Easier

Start checks early. Don’t wait until the day before you want someone to start. International verification takes longer than you expect.

Build holidays into your timeline. Semana Santa, Carnival, Christmas, national independence days all slow down document processing. Government offices and universities operate on reduced schedules during these periods.

Communicate clearly. Explain to candidates why you’re asking for specific documents. Latin American work culture values transparency and relationship building.

Use platforms with built-in verification. If you’re hiring multiple people or planning to scale, find a hiring platform that includes identity verification, document management, and compliance workflows.

Focus on verification over investigation. Your goal isn’t to dig up dirt on candidates. It’s to confirm they are who they say they are and can do what they claim to do.

Respect candidate privacy. Only collect what you actually need. Don’t ask about things that aren’t job-relevant. And when candidates ask questions about your process, answer them honestly.