Federal Background Checks: Fast, Compliant Screening
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Federal background checks can play a key role in the hiring process, helping employers evaluate a candidate’s eligibility and qualifications. Typically included as part of a more comprehensive criminal background check, federal criminal background checks offer hiring managers a detailed look into a candidate’s criminal history at the federal level.
Key takeaways:
- Federal background checks, conducted via PACER, differ from FBI checks because they access federal court records rather than national crime databases.
- Employers must comply with federal, state, and local laws when using a background check provider, following regulations for proper disclosure, consent, and lookback periods.
- Individuals have the right to access their federal records and dispute any errors.
- Get started today to order your first background check.
What is a federal background check?
A federal background check is a type of criminal record screening that searches federal criminal records across the 94 US federal district courts through the Public Access to Court Electronic Records (PACER) database.
Specific laws and regulations may require a federal background check for employment, depending on the nature of the role or industry. Even when employers aren’t hiring for regulated positions, they often perform federal background checks as part of a comprehensive criminal background check to review a candidate’s criminal history at the national, state, and county levels.
Running a federal background check can help employers make more informed hiring decisions, support workplace safety, and reduce legal risk. This guide to federal background checks covers what information may be reported and relevant compliance regulations to keep in mind. Understanding the background check process empowers employers and individuals to navigate screening with confidence.
What employers should know
As an employer, it’s important to understand how federal background checks work, what information they include, and how much they cost.
How do federal background checks work?
Federal background checks search the PACER database for federal criminal records. Employers can perform these checks directly or partner with a third-party background check provider, like Checkr.
Here's how the process works:
- PACER provides public access to over one billion documents from federal courts.
- Results include federal felony and misdemeanor convictions across all 94 federal district courts.
- Employers review records and apply their background check policy to determine whether to proceed with hiring.
When using a consumer reporting agency (CRA) to conduct screenings, employers must adhere to the Fair Credit Reporting Act (FCRA). This federal law requires employers to:
- Provide candidates with clear disclosure of their intent to run a pre-employment background check.
- Request and receive written consent from the candidate before beginning the background screening process.
- Follow the adverse action process should they decide not to hire the candidate as a result of information reported on a background check.
What does a federal background check include?
A federal background check typically reports offenses prosecuted at the federal level, including:
- Financial crimes: Fraud, embezzlement, bank robbery, counterfeiting
- High-level offenses: Drug trafficking; kidnapping
- Jurisdictional crimes: Crimes against federal employees; crimes on federal property; crimes crossing state lines
- Non-criminal records: Bankruptcies, federal civil cases exceeding $75,000 or arising under federal law, and cases in which the US government or governmental agencies are a party
How far back does a federal background check go?
The FCRA sets limits on how far back specific information can be reported:
Record type | Lookback limit |
Non-conviction records | Seven years |
Bankruptcies | Ten years |
Criminal convictions | No limit |
These limitations may not apply if a candidate’s expected salary exceeds $75,000 or if the employer conducts the search independently.
State and local laws may shorten the lookback period or modify exceptions to these periods. That’s why it’s important to consult your legal counsel so you can comply with regulations based on your location and the jurisdiction in which you’re hiring.
Types of background checks
Employers may use different types of background checks depending on the role, relevant industry requirements, and the level of screening needed.
- Federal background checks search criminal cases prosecuted in US federal courts for violations of federal law. They’re conducted through federal district court records, typically accessed via the PACER database.
- FBI background checks review criminal history information maintained in the FBI’s national database. They’re usually fingerprint-based and often required for governmental roles or regulated industries.
- State and county background checks search criminal records maintained by state or local courts. They are commonly used in pre-employment screening to identify cases handled at the local level.
Sometimes employers combine multiple searches for a more comprehensive hiring process.
How much does a federal background check cost?
The cost of a federal background check depends mainly on whether an employer chooses to search PACER independently or partner with a CRA, like Checkr. Here’s a look at the costs for each.
PACER costs
Employers who opt to access PACER independently are subject to service center fees, which may change overtime. As of March 2026, the PACER service center fees are:
- $30 per name or item searched, plus
- $0.10 per page per document delivered electronically, with a maximum of up to $3 per document and an overall limit of five documents per search, plus
- $2.40 per audio file download
CRA costs
Partnering with a CRA to conduct a federal background check is often more cost-effective, reducing overhead and offering the ability to bundle services.
Checkr’s Complete package, which costs $89.99 per report, includes:
- Federal criminal search check
- Social Security number (SSN) trace
- Sex offender registry check
- Global watchlist search
- National criminal search
- Unlimited state and county criminal searches
Employers can add a federal background check to any other Checkr package for $10. Bulk discounts are available for organizations conducting over 300 background checks annually, making Checkr a good choice for businesses with high-volume hiring.
What individuals and job candidates should know
Individuals and job candidates should understand the processes of criminal record expungement and sealing, what to do if they find discrepancies in federal records, and how they can view their public records independently.
What is the difference between expungement and sealing?
Expungement and sealing of records are both types of criminal record clearance. The difference is whether the records continue to exist.
- Expunged records are completely removed from the court records system. Once expunged, no record of the arrest or conviction exists.
- Sealed records still exist but are not accessible to the public due to a court order. Only specific parties, like law enforcement or courts, can view sealed records.
In most cases, expunged or sealed records will not show up on a federal background check. However, some types of employment, particularly those involving national security, may require disclosure of all interactions with law enforcement, including expunged records.
What should I do if I find a discrepancy in a federal background check?
If you find a discrepancy, error, or inaccuracy in a federal background check, your next steps depend on how you received the information.
If you accessed PACER on your own, you can notify the court where the case was filed to begin the dispute process.
If your federal background report was conducted through a CRA, you have the right to contact the agency to dispute the information. Under the FCRA’s standard “Summary of Rights” document, candidates have the right to dispute any information that is incomplete or incorrect on a background check provided by a CRA.
How can I view my public records?
To view your public records, you can run a background check on yourself. Although you can search public databases independently, ordering a personal background check from Checkr simplifies the process.
With Checkr, you only need to provide basic information to get started, and reports are usually ready to review within minutes.
Running a background check on yourself gives you a preview of what employers may see. Knowing what’s on your background check can help you anticipate questions and provide context about your records. Reviewing the results also allows you to dispute inaccurate information before a prospective employer sees it.
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Ready to run background checks the modern way?
A federal criminal background check can give employers valuable insight into a candidate's past interactions with the federal court system, helping them make informed hiring decisions. Whether you’re an employer or an individual, Checkr makes conducting federal and other background checks simple, fast, and accurate. Get started with Checkr today.
Disclaimer
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.
