These days, you can never be too sure about the people you bring into your life. Criminal background checks are now necessary to fully understand the kind of person you are dealing with.

As an employer, criminal background checks are especially important when looking into new hires. It helps to mitigate various risks and protect your company’s reputation. It also helps you build a trustworthy team and secure workplace.

Many government institutions, like law enforcement agencies and public schools, use these checks throughout the hiring process. There is no reason why other types of organizations – from small businesses to large-scale enterprises – can’t benefit from an employment screening requirement.

Need a Background Check?

Get Started

What Is a Criminal Background Check?

A criminal background check is a process used by employers to uncover an individual’s past criminal history. It involves searching various databases and records to identify any convictions or criminal offenses committed by the person being screened. There are various criminal search services and databases that a provider can sort through. These include:

County criminal search: county criminal searches gather information directly from local courts. Some services even speak to court researchers to obtain further information.
State criminal search: state criminal searches look for statewide records. This could include anything from felonies to misdemeanor convictions. These types of searches generally comply with all state regulations.
Federal criminal search: federal searches are for more serious charges that may not appear in state courts. These are crimes that cross state lines or violate federal laws. These records can be found in federal court records.
Sex offender registry search: this search helps you determine if the person has ever been convicted of sex-related offenses.
Civil criminal search: a civil criminal search combs through both state and federal records to find out if any claims have been brought against someone.
International criminal search: an international criminal search looks into criminal activity in different parts of the world.

How Do Criminal Background Checks Work?

Criminal background checks work by accessing various sources of information to compile an individual’s criminal history. Here’s how the criminal history background check process typically unfolds:

Request Authorization: The individual gives consent, usually by signing a release form allowing the employer or organization to perform the check.
Data Collection: The background check provider gathers information from various sources, including county and state criminal records, federal databases, sex offender registries, and sometimes international databases.
Verification: The collected data is verified for accuracy and completeness, often by cross-referencing information from different sources.
Report Generation: A detailed report of the individual’s criminal history is created and given to the requesting party. This report may include arrest dates, charges, convictions, and sentencing information.

What Shows up on a Criminal Background Check

A criminal background check will reveal information about past crimes for which someone has been charged, tried, or convicted.

As an employer, you should be more concerned about felony and misdemeanor convictions. Convictions bear more weight on a criminal record because they are proof of guilt.

Criminal background checks also reveal previous arrests and pending criminal cases. It will show you if someone has an ongoing criminal case pending a verdict and conviction. You can also find out all the details of the arrest. This benefits employers who may want to use this information in the hiring process.

Overall, there are a few specific details that may show up on a criminal background check. This includes:

Name and aliases of the person being charged with a crime
The crime the individual was charged with.
The type of crime (misdemeanor or felony)
Arrest details
Relevant details about the court case (i.e., how the charges were filed, the case number, and the court records)
The verdict of the case
The conviction/sentencing details (i.e., jail time, fines, probation, community service, etc.)
Settlements on the case (if applicable)

Keep in mind that most criminal background checks will not reveal criminal records that have been sealed or expunged. Plus, many states have laws that allow someone to petition the court to have their records expunged or sealed.

How Long Does a Criminal Background Check Take

A criminal background check typically takes a few minutes to complete. However, a lot of it depends on the search type and the database you are pulling from. For example, the search results will come much faster if you are searching from a national criminal database versus local court records.

A comprehensive criminal background check looks through the county, state, federal, and international databases. These searches can take up to three days to complete.

Federal criminal searches have very quick turnarounds. These searches pertain to any crimes that violate federal law. This includes federal tax evasion, identity theft, embezzlement, interstate trafficking, mail fraud, etc.

How Far Back Does a Criminal Background Check Go

Criminal background checks typically go back seven years. However, they can go further depending on state regulations and the level of screening.

Different states have different laws about how long criminal information can appear on a report. Many states prohibit criminal information from appearing on reports after several years. The severity of a crime also plays a major factor. Felony convictions are considered more serious and many states keep them on someone’s record indefinitely. Other states restrict it to 10 years. Misdemeanor records also vary from state to state.

The Fair Credit Reporting Act (FCRA) does not have any rule restricting how far back criminal background checks can go. As long as the crimes are on the individual’s record, they can appear on background checks.Many states prohibit employers from making decisions on non-conviction arrests. These are arrests that did not lead to any convictions.

How Is a Criminal Background Check Different From Other Background Checks

A criminal background check has distinct differences from other types of background checks. A standard background check will include other details besides the person’s criminal history. But, a criminal background check only provides the details of the person’s criminal background.

Regular background checks include lots of information, such as:

Education history
Employment history
Credit history
Family tree
Criminal history
Driving history
Work history verification
Social media profiles
Professional license verification

On the other hand, criminal background checks only contain information about their criminal past. This often includes information on:

Arrest history
Criminal charges
Civil criminal history
Driving under influence
Pending cases
Sex offender registry

Considering a Background Check?

Enhance Safety and Informed Decision-Making

Get Started

How to Remove Criminal Record From Background Check

A criminal history record can be a deterrent for working in specific industries. It can also prevent you from accessing certain housing and educational opportunities. Overall, a criminal history does not do well for your reputation in general.

In the best-case scenario, your criminal history will stop appearing on your record around seven years after the incident has occurred. In some states, however, it stays there for ten years or longer, depending on several factors. One of the most important factors being the severity of the crime.

How to Remove a Record of Charges With Expungement

Expungement is the process of petitioning a court to remove your arrest records. This means the court will erase your criminal records from all public records. This typically comes on the condition that you do not violate your probation in any way.

After an expungement, your criminal history will not appear on any criminal record checks. This puts you in a better position to apply for jobs and competitive positions.

However, you will need legal aid from a qualified attorney or lawyer to get your criminal records expunged. It is much easier to erase arrests that led to no convictions or dismissed charges. For example, if an arrest was made, but there are no court records of the case, it is easier to erase.

Convictions, on the other hand, are more challenging. It all depends on the state where the charges were made. You can petition the court for expungement or record sealing. Record sealing means that the public will not have access to your criminal records.

Because of this, many states mandate employers to review applications before checking criminal records. This law is commonly referred to as “Ban the Box.” It helps many candidates secure jobs despite their criminal records.

Removing Criminal Records With Motions to Vacate

Other than record sealing and expungement, you can file a motion to vacate. This is a post-conviction measure you can take to erase your criminal records.

For example, you can file a motion to vacate after a conviction that was based on false accusations. You are also able to do this if someone violates your constitutional rights.

If you meet the criteria for a pardon, you can also get your records erased.

Where to Get Criminal Background Checks

Here are our recommended sites for criminal background checks:

Instant Checkmate: this site helps you find information on someone’s criminal history. If they have a record in any public database, Instant Checkmate will find it;
Good Hire: this site offers different types of criminal background checks. Good Hire has an intuitive platform that helps you find any record using very little information;
BeenVerified: BeenVerified also provides an array of criminal records from various databases;
ClearChecks: this site can search through records of multi-jurisdictional courts, as well as state and federal courts. They also have a manual in-person search for hard-to-find criminal court records;
Checkr: high-tech firm that provides extensive background check services, including criminal history searches. This site is a fast and reliable way to find out about someone’s criminal history.

Please note that as an employer you must ensure that you are not violating the Fair Credit Reporting Act (FCRA). The FCRA mandates how personal information can be used in the hiring process. Only information from an accredited consumer reporting agency can be used for employment screening.

Why Conduct Criminal Background Checks for Employment

Conducting a criminal background check is a standard step in the hiring process that serves multiple vital functions.

Improve or ensure quality of hire: background checks help ensure that the candidates meet the qualifications they claim to have, thereby improving the overall quality of hires.
Protect employees, customers, and the company: by identifying candidates with violent histories or tendencies, background checks can protect existing employees and customers, ensuring a safe and secure work environment.
Maintain your company’s reputation: hiring individuals with appropriate backgrounds, free of serious criminal activities, helps in maintaining the reputation of the business. It prevents potential scandals that could arise from negligent hiring practices.
Reduce costs related to employee management: background checks can reduce costs associated with high turnover, employee theft, and fraud. Ensuring that hires are trustworthy from the start can save considerable resources down the line.
Comply with employment laws and regulations: conducting background checks helps companies comply with local and international laws, which can vary significantly. Compliance protects the company from legal repercussions.
Protect your company’s assets: a thorough criminal background screening and check helps safeguard a company’s assets. These include physical assets, intellectual property, and sensitive information, which could be jeopardized by the wrong hire.
Minimize liability risks: conducting background checks minimizes liability risks associated with negligent hiring. If an employee whose background was not adequately checked causes harm, the company could be held legally responsible.

Criminal Background Check & FCRA For Employment Purposes

Employers who conduct background checks need to comply with the Fair Credit Reporting Act (FCRA). The FCRA protects the accuracy, fairness, and privacy of consumer information maintained by consumer reporting agencies.

Anytime an employer requests a criminal record check on an applicant or employee, it must come from a provider that abides by the Fair Credit Reporting Act (FCRA) as well as state and local laws.

Criminal Background Check FAQs

What Background Check Do Most Employers Use?

Many employers do thorough background checks covering various areas like confirming identity, checking criminal records, employment history, and education. Some might also look into credit history and driving records, particularly for jobs involving finances or driving.

What Is the Best Criminal Background Check?

The best criminal background check generally combines national and criminal justice system and database searches with local county records to provide a comprehensive view of an individual’s criminal history. This thorough approach is crucial for roles requiring high security or trust.

What Questions Do They Ask In a Background Check?

Background checks primarily focus on employment background checks, and on verifying information such as employment dates, job titles, and educational qualifications. For references, questions might address the candidate’s work performance, reliability, and eligibility for rehire.

Key Takeaways

Criminal background checks are beneficial, especially during the hiring process. It is very helpful to know about someone’s criminal past when determining their suitability for a position.

There are many online services, like Good Hire and ClearChecks, that perform criminal background checks. If you are an employer, always remember to check what information the law allows you to use.

Criminal Background Check: Everything You Need To Know