Federal Background Checks: Everything You Need to Know

Federal background checks are essential for reviewing a person’s criminal history at the federal level. They focus on federal crimes, such as fraud, tax evasion, and drug trafficking. These checks are important for federal jobs, law enforcement roles, and other sensitive positions.

In this article, we will cover everything you need to know about federal background checks. We’ll explain what they include, how they differ from state and FBI checks, and how to obtain one.

What is a Federal Background Check?

A federal background check is a review of federal records to examine an individual’s criminal history. This process focuses on federal crimes, rather than state or local offenses. It involves searching databases from federal courts and law enforcement agencies. These checks reveal any federal convictions or pending charges.

When conducting federal background checks, agencies access records from the federal court system. The PACER system handles violations of federal law and provides detailed information about federal cases.

Law enforcement agencies can show if someone has been investigated for federal crimes. They can also provide details on prosecutions, which includes offenses like fraud, drug trafficking, or tax evasion.

What is the PACER System?

The PACER system (Public Access to Court Electronic Records) is an online platform that provides access to records from U.S. federal courts. Through PACER, users can retrieve information on civil, criminal, and bankruptcy cases from district courts, courts of appeals, and bankruptcy courts. The data is collected directly from federal court records, offering a reliable source of detailed case information.

However, PACER only covers federal cases and does not include state or local criminal records. The system is primarily designed to offer detailed information about litigation, judgments, and court proceedings, but it is not intended to be used for formal criminal background checks.

Anyone interested in accessing these records can create a PACER account and pay a fee to view or download court documents. This system is often used by attorneys, businesses, and individuals who need comprehensive records from federal cases, though it is not typically employed for conducting background checks.

When is a Federal Background Check Required?

A federal background check is often required for specific situations. This includes federal employment, government contracting, or positions in law enforcement.

Federal background checks conducted in these cases focus on criminal records and security risks. They are designed to ensure public safety and trust in critical roles.

Federal Background Check For Employment

Many federal jobs require background checks because this process ensures candidates are trustworthy and meet the employer’s background check policy. These checks are essential for sensitive roles in areas like national security or law enforcement. Employers review federal criminal courts to identify any past offenses or red flags.

Federal Criminal Background Checks for Gun Purchases

Federal background checks are required for all gun purchases. This process ensures that firearms do not fall into the wrong hands, so it’s important to maintain public safety and prevent illegal gun ownership.

During the check, the system will surface incidents involving fraud, violent crimes, or other disqualifying offenses. If any such records are found, the purchase is denied. 

What Information on a Federal Background Check Can Disqualify Candidates From Employment?

A federal background check can reveal various types of information that might disqualify candidates from employment depending on the nature of the job, the level of security clearance required, and the employer’s policies. Some of the key factors that could lead to disqualification include:

Criminal History

• Felony Convictions: Convictions for serious crimes, especially those related to fraud, theft, violence, or other offenses that may pose a risk to the employer, could disqualify candidates. Some positions, especially those in federal agencies, security, or jobs involving vulnerable populations, may have strict guidelines regarding past criminal behavior.
• Drug-Related Offenses: Prior convictions or current issues involving illegal drug use may be seen as a red flag, especially in industries with zero-tolerance drug policies.
• Crimes of Dishonesty: Offenses like embezzlement, identity theft, or any crimes involving dishonesty may disqualify candidates, particularly for positions involving financial responsibility or sensitive data.
• Ongoing Investigations: Pending criminal cases or unresolved legal issues might cause an employer to delay or revoke employment offers until the matters are settled.

Security Clearance Issues

• History of Espionage, Terrorism, or Treason: In jobs requiring security clearances, any involvement in activities that compromise national security is a major disqualifier.
• Association with Foreign Governments: Close ties with foreign governments, especially adversaries of the United States, could be grounds for disqualification from roles involving national security.
• Foreign Influence or Preference: In some cases, foreign citizenship or financial ties to other countries could lead to disqualification if the job involves sensitive national interests.

Financial and Credit History

• Bankruptcy or Large Debt: Jobs that involve financial responsibility or access to sensitive information may require candidates to have stable finances. Significant financial issues, such as unresolved debt, bankruptcies, or excessive credit problems, could be a concern, as they might suggest vulnerability to corruption or fraud.
• Fraud or Embezzlement: Any record of financial fraud, embezzlement, or similar crimes can disqualify someone from positions that involve handling money or financial transactions.

Employment History

• Falsification of Employment Records: If a federal background check reveals discrepancies in the candidate’s employment history, such as falsified job titles, dates of employment, or reasons for leaving, it can disqualify the individual from consideration.
• Involuntary Termination for Cause: A history of being terminated for cause, such as misconduct, fraud, or ethical violations, can be a disqualifying factor for some roles.

Education and Professional Credentials

• Falsified Degrees or Certifications: If the background check shows that a candidate falsified educational qualifications or professional certifications, this dishonesty can lead to immediate disqualification.
• License Revocation: In professions that require specific licensing (e.g., lawyers, doctors, accountants), a revoked or suspended license due to ethical or professional misconduct can disqualify the candidate from relevant positions.

Drug Use

• Positive Drug Test: Many federal jobs, especially those requiring a security clearance or involving transportation and public safety, mandate drug testing. A positive result for illegal substances can disqualify candidates.

Military Service Records

• Dishonorable Discharge: A dishonorable discharge from the military can be viewed negatively by employers, especially for positions within the federal government or requiring security clearances.
• Court-Martial Convictions: Serious disciplinary actions or criminal convictions within the military can disqualify individuals from federal employment.

Immigration Status

• Work Authorization: For federal jobs and many private sector roles, candidates must be legally authorized to work in the U.S. Issues with immigration status or inability to prove eligibility can result in disqualification.

Security or Ethical Concerns

• Conflicts of Interest: Conflicts of interest, especially in government positions, can disqualify candidates. For example, significant financial ties to entities the candidate would be regulating or overseeing could pose problems.
• History of Violating Confidentiality: In positions that involve sensitive or confidential information, a background check may uncover past violations of confidentiality agreements or mishandling of information, which could disqualify the candidate.

Personal and Professional References

• Negative Reference Checks: During a background check, if personal or professional references raise concerns about a candidate’s integrity, reliability, or behavior, it may lead to disqualification.

What Does a Federal Criminal Background Check Include?

A federal criminal background check includes several key pieces of information. It covers federal convictions, pending cases, and any federal criminal history. Information from federal courts is also reviewed. These checks help identify any involvement in federal crimes such as fraud, drug trafficking, or tax evasion.

Federal vs. State Background Checks

Federal and state background checks differ in scope. A federal check focuses on criminal records from federal courts and law enforcement agencies. It only includes federal offenses. State background checks, however, cover crimes within state or local jurisdictions. Each type of check is used for different purposes, depending on the job or requirement.

Federal vs. FBI Background Checks

In short, all FBI background checks are federal background checks, but not all federal background checks are FBI background checks. Let’s understand each one better: 

FBI Background Check

An FBI background check (or federal criminal background check) is a specific type of federal background check conducted by the Federal Bureau of Investigation (FBI), it primarily includes a review of criminal history based on fingerprints. 

The FBI checks against its National Crime Information Center (NCIC), Integrated Automated Fingerprint Identification System (IAFIS) and other databases that compile arrest records, convictions, and other criminal activity from federal, state, and local law enforcement agencies. 

This is often required for federal employment, immigration processes, or security clearances. It can also be requested by employers or individuals for various purposes. You need to submit fingerprints and personal information to the FBI, and they provide a criminal history report.

Federal Background Check

A federal background check is a broader term that refers to any background investigation performed by a federal agency. This could include FBI checks, but also might involve other agencies like the Office of Personnel Management (OPM) or Department of Homeland Security (DHS).

A federal background check can encompass more than just criminal records. It may also include checks on financial history, employment history, credit reports, education verification, and social media activity, depending on the level of clearance or purpose (e.g., for high-security federal positions).

It’s often used for security clearances or employment in federal agencies. Depending on the level of clearance, it might involve deeper investigation, such as interviews with colleagues, neighbors, or family members (especially for high-level security clearances).

Different agencies handle the process, depending on the type of background check required. It could be much more extensive than just a criminal history check.

How to Get a Federal Background Check?

A federal background check looks at criminal records from federal courts. It focuses on federal crimes, not state or local offenses. Below are simple steps for individuals and employers to get one.

For Individuals:

To request a background check that focuses solely on federal-level offenses:

1. Contact Federal Courts or Use PACER:

• You would need to contact the specific federal court where the individual may have been prosecuted. You can request records of federal criminal cases.
• Alternatively, you can use PACER (Public Access to Court Electronic Records) to search for federal court case information. PACER provides access to federal cases, including criminal cases prosecuted in federal courts.

1. Provide Case Information: You may need specific details, such as the person’s name or case number, to search for records.
2. Cost: Accessing federal criminal records may involve fees depending on the method and the court involved. PACER, for example, charges per page viewed or downloaded.

For Employers:

Employers can request a federal criminal background check to review federal court cases, but they cannot directly access PACER or federal court records without the individual’s consent. Typically, they need to follow these steps:

• Partner with a Background Check Service:

• Employers typically use third-party background check services that have access to federal court records. These companies will gather the information on behalf of the employer. Look for companies that offer a federal-level criminal search.
• They can request federal criminal history by specifying the need for federal-level offenses only.

• Obtain Consent: Employers must have written consent from the employee or candidate to conduct any type of background check. This is a legal requirement under the Fair Credit Reporting Act (FCRA) in the U.S.

• Review Results: The third-party service will pull federal criminal records (if available) and provide a report. The report will focus on crimes prosecuted at the federal level.

How Long Do Federal Criminal Background Checks Take?

Federal criminal background checks take about one day to complete. This quick turnaround is possible when using electronic systems like PACER. This streamlines the search for criminal records. Simple cases involving only one jurisdiction usually process faster, with results often returned within 24 hours.

More thorough checks, especially those involving multiple jurisdictions or more complex histories, can take longer. These searches may require reviewing records from several federal courts or other agencies. In such cases, the processing time can extend from one to three days, depending on the complexity of the information.

International searches or cases requiring manual record reviews also tend to take longer. These factors add layers of verification and data collection that can slow the process. For employers or individuals, it’s important to account for these potential delays when requesting more in-depth federal background checks.

How Much Does a Federal Background Check Cost?

The cost of a federal background check ranges from $30 to $50, but it can vary depending on the service used. For personal searches, individuals often pay lower fees when using tools like the PACER system, which charges based on the number of documents accessed. These personal checks generally stay on the lower end of the cost range.

Employment-based searches, however, cost more. Employers pay between $50 and $100 for additional services, like educational and employment verification. These checks may include more detailed criminal record searches or access to specific databases, which can raise the price. The added fees for extras like SSN verification or sex offender status checks can also push costs up by $10 per item.

In some cases, comprehensive background checks cost up to $500. This is often true for high-level positions or government contracts. These checks go beyond basic reviews. They cover a wider range of information, such as in-depth criminal history and detailed database searches.

Employers should plan for these higher costs. Large volumes or more detailed reports can significantly increase expenses.

Federal Background Check FAQs

What is the Difference Between a Federal Criminal Check and an FBI Background Check?

A federal criminal check looks at crimes handled by federal courts and also could include a wider range of information (such as financial, employment, and security-related details), while an FBI background check primarily focuses on federal offenses but can also include state crimes reported to the FBI’s databases. 

The FBI check is more comprehensive because it gathers data from various levels of law enforcement. The Federal Bureau of Investigation manages the FBI check, allowing for a broader search scope of criminal records.

What Jobs Require Federal Background Checks?

Federal background checks are required for various jobs, particularly those within the federal government, national security, and law enforcement. 

For example, positions with agencies such as the CIA, FBI, and Department of Defense require extensive background checks due to their sensitive nature and the need for security clearances. Additionally, federal contractors and military personnel also undergo these checks to ensure reliability and integrity.

Jobs in transportation, healthcare, and education that receive federal funding may also necessitate background checks. Examples include air traffic controllers, healthcare workers at Veterans Affairs hospitals, and employees in public schools benefiting from federal grants. 

Overall, roles that involve access to sensitive information or significant public responsibility are typically subject to federal background checks.

How Far Back Does A Federal Criminal Background Check Go?

Federal criminal background checks can access records that go back as far as they exist, with no set time limit. This means the search may include all available convictions, pending charges, and any historical federal crimes. It’s important to note that federal records remain accessible for an extended period, which can impact background checks for employment or other purposes.

Can Federal Criminal Background Checks Find State Crimes?

No, federal criminal background checks only uncover federal crimes. State crimes are handled by local or state courts and will not appear in a federal search. To find information about state crimes, an FBI background check or a state-specific background check is necessary, as these reviews can cover both federal and state records.

How Do I Run A Federal Criminal Background Check On Myself?

To run a federal criminal background check on yourself, follow these steps:

1. Visit the FBI’s Identity History Summary Checks.
2. Complete the Applicant Information Form as instructed.
3. Obtain fingerprinting services either electronically or via traditional ink methods.
4. Submit your fingerprints and required fees as outlined on the website.
5. Await the results, which will be sent to you via mail.

How Do I Correct Errors On A Federal Criminal Background Check?

If you find errors in your federal background check, contact the federal court where the record is held. You may need to provide supporting documents to correct the mistake. It’s important to work with the court directly to ensure all information is accurate and up-to-date.

Conclusion

Federal criminal background checks focus only on federal crimes. FBI background checks, however, include both federal and state offenses. Understanding these differences is important when choosing the right check for situations like employment, gun purchases, or personal screenings.

By recognizing these distinctions, you can obtain the most accurate information for your needs. This knowledge enables you to choose the right background check, ensuring informed decisions for hiring, legal matters, or personal safety.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific legal concerns or questions regarding background checks, we recommend consulting with a qualified attorney who can provide guidance based on your particular circumstances.