Civil background checks and court records

A civil background check is a record of claims, judgments, and lawsuits that are filed in county or federal courts. Unlike criminal background checks, a civil background screening will not identify charges brought against a candidate by the state and does not show cases that resulted in jail time. A civil background check only includes cases of public record that are brought against an individual by another person or entity and may involve financial penalties or judgments.

Civil searches generally include searches of records at both the county and federal level, both generally going back seven years. Results of a civil court background check include cases filed in county civil courts or any of the 94 federal district civil courts. In addition to the individual’s name and the type of case filed, a civil background check may show case information such as court location, case title, and case number. Civil searches also note whether the individual was a plaintiff or defendant in any lawsuits.

Depending on the value of a claim (limits for which are set by individual states), a civil case may be heard in either an upper or lower court—or circuit courts—at the state level. In some circumstances, a civil claim may be heard in one of 94 federal district courts, including claims of more than $75,000 or matters of federal law.

Case searches of upper and lower civil court records may show:

Case searches of federal district courts may include the following:

A public record civil court action is a non-criminal lawsuit that involves two parties and usually involves another person or entity requesting a judgment from the court. Some examples of civil court actions may include fraud, breach of contract, accidental injury, and restraining orders. A civil court action is different from a criminal court action in which charges are brought against a defendant by the state.

Employers often choose to conduct civil background checks to help understand a candidate’s character and decision-making skills which can help safeguard company assets and the company’s reputation. Civil background checks are commonly used for positions with access to sensitive company information, like management roles. Civil searches may also be required to meet legal requirements for certain positions or industries, such as regulated finance roles. 

Civil records are maintained and recorded by the court clerk in the federal, state, or county court responsible for the case. The records—or proceedings—may include court information and pertinent documents (such as court exhibits).

Most civil records are available for public access online. However, some records are not digitized and must be requested when conducting a civil background check. Most courts allow these requests to be ordered by a court researcher or submitted by email, fax, or mail through a form available on the court’s website.

When conducting a civil background check, employers can choose to request records directly from these courts or partner with a qualified background check provider, like Checkr. Partnering with a consumer reporting agency (CRA) often streamlines the process, speeds turnaround times, and delivers more accurate results. Using a CRA is also beneficial for employers looking to conduct comprehensive background checks that include additional screenings, such as criminal records checks and education and employment verification. 

There are two options for individuals looking to run a background check on yourself: Purchasing a personal background check from a third-party provider or by requesting and compiling the information on your own. Using a qualified background check provider, like Checkr, is often easier and faster when looking to preview your public records.

Checkr offers personal background checks that can include an SSN trace, sex offender registry check, global watchlist search, criminal records checks, civil searches, and driving record checks. Reviewing your own background check enables you to see what employers and landlords might see so you can anticipate questions and correct inaccuracies.

Whether a civil lawsuit will show up on a background check depends if the employer chooses to conduct a civil background check. Other types of background screenings, such criminal record checks, will not report civil lawsuits.

A civil judgment can stay in the public record for years—the number of years varies by state as each has its own laws governing the statute of limitations for non-criminal judgments. In some states, a court may order records of a case to be sealed if the case meets certain qualifications. Additionally, even when a judgment stays on the public record, its status may change to “paid,” “vacated,” or “dismissed” if the defendant has paid the specified amount, has been excused from payment for a justifiable reason, or has declared bankruptcy.

Although a judgment may remain on the public record for a longer period of time, a civil background check will only reveal the candidate’s civil court history for the previous seven years. The federal Fair Credit Reporting Act (FCRA) limits the reporting of adverse information (which includes civil suits and civil judgments) by a consumer reporting agency (CRA) to no more than seven years earlier than the report date.

State laws may also limit the lookback period. For example, civil court history searches are limited to seven years in California, Massachusetts, Montana, and New Mexico. In other states, employers may expand the lookback period to ten years if the position’s salary is more than $75,000 annually.

Civil background checks help provide insight into a candidate’s legal history beyond criminal activity. As one of many screening services offered by Checkr, a civil record check can be used as part of a comprehensive pre-employment screening. Our modern background check platform provides employers with fast, accurate results while built-in workflows help support compliance. Get started.

The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.