Criminal background checks

A criminal record (or criminal history) is a record of contact an individual has had with the criminal justice system. A criminal history is generally public record and can be found by searching the records of federal, state, and county courts or law enforcement agencies.

Having a criminal history doesn’t necessarily mean a person was convicted of a crime. Arrests that didn’t lead to prosecution; charges of which an individual was acquitted (found innocent); and charges that were dismissed may all appear on a criminal record.   

Criminal background checks search a variety of court records to report a candidate’s criminal history. The specific records searched will vary based on the job for which you’re hiring, federal and local laws and industry regulations regarding criminal background checks, and your company’s background screening policies.

A criminal background check might include any or all of the following: 

The results of a criminal background check are based on the type of court being searched, applicable laws in the state or jurisdiction of the candidate, and whether the information is being reported by a consumer reporting agency (CRA) or sources are searched by the employer. 

When using criminal background checks in hiring, employers and CRAs must comply with the federal Fair Credit Reporting Act (FCRA). There may also be state and local laws governing what information from a criminal history record can be reported to a CRA and legally considered for hiring decisions by an employer. For example, some states do not allow reporting of felonies more than seven years old. Other states do not allow reporting of misdemeanors or infractions after other time frames, like three or five years. There may also be laws regarding whether non-convictions can be reported in a background check.

In general, a criminal record will show information including:

A federal criminal record may reveal violations of federal criminal law, such as federal tax evasion, mail fraud, embezzlement, and identity theft. 

The record may also show the disposition of the case, which can include:

A criminal record check may also report:

Criminal record checks usually don’t report juvenile offenses. Juvenile records can be sealed or expunged when the individual turns 18 and in some jurisdictions, this happens automatically.

Court records, which contain the bulk of criminal histories, are open to the public, so employers may be able to search the records themselves. However, different sources store records in different ways. Checking a candidate’s criminal history might mean simply searching a database, but could also involve a time-consuming trip to a distant courthouse. Searching for criminal history records can be especially complex when you’re hiring large groups of employees at once, or many employees from different locations. The method in which criminal records are stored and the laws governing their use vary by state and even from one local jurisdiction to another.

To save time, help ensure legal compliance, and gather the most accurate criminal history information, employers may prefer to have an FCRA-compliant CRA conduct their criminal background screenings. Experienced CRAs, like Checkr, comply with federal and local reporting laws and help employers follow EEOC guidance regarding criminal records checks. Checkr monitors the increasing number of state and local ban-the-box and fair hiring laws regulating how employers can use criminal records in hiring decisions. Plus, Checkr’s professional relationships with courts can speed criminal background checks even when court records aren’t digitized.

Using an FCRA-compliant background check service like Checkr can take the administrative burden of criminal background screening off your hands. Checkr’s advanced platform searches thousands of databases, law enforcement sources, and registries to deliver comprehensive criminal records reports. Our streamlined processes help you comply with relevant federal, state and local laws, including disclosure and authorization, and adverse action protocols.

Checkr’s easy-to-use tools let you filter results that aren’t relevant to your company’s hiring policies, while our user-friendly dashboard helps you review results and understand what they mean. Your job candidates will appreciate a seamless background check experience thanks to Checkr’s mobile-friendly portal where they can access status updates and live support. Enjoy peace of mind with a background check service that supports you–and your candidates–in delivering compliant criminal background checks.

The resources provided here are for educational purposes only and do not constitute legal advice. We advise you to consult your own counsel if you have legal questions related to your specific practices and compliance with applicable laws.