Complete Guide to State Background Checks

Before conducting pre-employment screenings, it's important for employers to understand how state background checks work and what regulations may apply. This guide covers what state background checks include and how they compare to other searches. We’ll also look at how long background checks typically take and how much they cost, as well as legal requirements for screening candidates.

A state background check is a criminal record search conducted using statewide repositories and court systems. Unlike a single-county search, a state search can return records filed in multiple counties within the same state. State checks typically include state-level felonies and misdemeanors with available case details and dispositions.

State background checks differ from other search types in their scope and data sources. They access centralized state databases that collect records from various counties, though coverage depends on how complete and current the state's repository is.

State background checks typically include several types of criminal records, depending on what the state reports or allows:

The specific records available vary significantly by state. Some states maintain comprehensive databases, while others have limited reporting or exclude certain record types.

Understanding the different types of searches helps employers choose the best screening approach for their business:

Many screening programs combine these search types. Employers often start with county criminal background checks where candidates have lived, add state searches for broader in-state coverage, and include federal searches when job risk profiles warrant it.

Lookback periods describe how many years of history a background check may report. These periods depend on federal and state laws, types of records, and employer policies.

Under the Fair Credit Reporting Act (FCRA), non-convictions commonly follow a seven-year limit nationwide. Some states also restrict reporting of older convictions, while others allow longer reporting periods.

Employers should note that federal laws and regulations such the FCRA and guidance from the Equal Employment Opportunity Commission (EEOC) apply in all states. However, certain states, such as Florida and Texas, do not have Ban the Box laws, which may mean that employers are subject to less regulations when considering a candidate’s criminal record during the hiring process.

Several states restrict consumer reporting agencies (CRA)s like background check providers from reporting convictions more than seven years:

Most states allow conviction reporting beyond seven years. These states follow FCRA guidelines for non-convictions but may report older convictions, particularly when a conviction is relevant to job duties.

Employers in these states sometimes adopt internal lookback policies, which may consider the relevance of offenses to the specific position and help promote consistent hiring decisions.

Turnaround times for state background checks typically range from a few hours to several days. The timeframe varies based on each state's data systems, verification requirements, and candidate information accuracy.

States with modern electronic repositories and real-time court integrations return results faster through automated searching and matching. When state repositories are incomplete or have missing identifiers, researchers may conduct manual courthouse searches, which takes longer due to court hours and document retrieval processes.

Accurate candidate data supports faster processing. Misspelled names, incorrect dates of birth, or missing addresses can trigger additional verification steps that delay results.

State background check costs vary based on several factors:

Checkr's employment screening packages start at $29.99 for the Basic+ package. Employers can customize packages with multi-state searches, employment verification, and compliance tools. Volume discounts are available for larger screening programs.

You can run a background check on yourself with Checkr starting at $29.99 to view what employers might see on a report. Personal background checks typically include state and county criminal searches, plus identity verification information.

Compliance with background check and fair chance regulations protects both candidates and organizations while reducing legal risk. This process involves several key steps:

Fair chance hiring and Ban the Box laws regulate when criminal history may be requested and how records may be considered. Many jurisdictions limit use of non-convictions, sealed records, and older records not relevant to job duties.

Numerous states have enacted policies that prohibit employers from asking questions about candidates’ criminal history until after initial interviews or conditional offers. These Ban the Box laws often include specific rules for timing and apply to specific employers, such as public agencies, private companies, or businesses with a certain number of employees.

Local ordinances in major metropolitan areas frequently add requirements beyond state law, such as prescribed assessment factors, multilingual notices, and extended pre-adverse waiting periods. Employers should verify requirements in each state where candidates reside and where they’ll be working if hired.

For roles with ongoing risk exposure, continuous monitoring checks may surface new criminal records after employees have already been hired and onboarded. Continuous monitoring is often a good choice for:

Continuous monitoring may run monthly, quarterly, or annually depending on role risk and legal requirements. Programs commonly exclude sealed, expunged, or non-reportable records consistent with federal and state law.

Most employment-related state background checks do not require fingerprints. However, many states offer fingerprinting services, though they’re often optional. But certain regulated industries like healthcare, education, or financial services may mandate fingerprint-based checks through state agencies.

Properly sealed or expunged records should not be reported on background checks. If sealed records appear due to database timing delays, candidates can dispute the information to be corrected with the background check provider who conducted the report.

State background checks typically only include records from within that specific state. For candidates who have lived in multiple states, employers may need to run separate state searches for comprehensive coverage.

State criminal background checks and motor vehicle records (MVR) are separate searches. Employers need to order MVR checks separately for roles involving driving responsibilities.

State background checks provide valuable insight into candidates’ history while also supporting fair hiring practices. Understanding the differences between search types, compliance requirements, and state-specific laws helps employers make more informed screening decisions.

Checkr's AI-powered platform delivers fast, accurate state and county searches with built-in compliance tools and fair chance assessment features. Get started with Checkr today to streamline your background screening process.

About the author

Checkr is the data platform that powers safe and fair decisions. We’re a technology company that helps our customers assess risk, modernize hiring, and cultivate trusted relationships in their workplaces and communities.