What Is a Criminal Background Check? A Comprehensive Guide

Criminal background checks are an important part of employment, housing, and volunteering processes. These checks reveal an individual’s criminal history, helping organizations and individuals make informed decisions.

Understanding what a criminal background check involves and how it works is important for anyone who needs to conduct or undergo these checks.

In this article, we’ll discuss:

• What is a criminal background check?
• Why should you do it?
• What information can you expect?
• How can you do it most efficiently?

What Is a Criminal Background Check?

A criminal background check involves examining an individual’s criminal history record by searching various databases and documents. 

This search may uncover criminal records, such as arrests, criminal convictions, and warrants.

The information gathered is compiled into a criminal background report. Employers, landlords, and other entities can use it to decide whether to work with someone.

Criminal background checks can be of different types depending on their purpose. Some focus on local or county criminal records, while others include national criminal records checks or international searches.

These checks often involve reviewing court records, criminal databases, and sex offender registries. In specific roles, like those in education or healthcare, the criminal background screening may be more thorough, including sex offender registry searches and checks for federal criminal law violations.

How Do Criminal Background Checks Work?

Each part of the background check process helps the requesting party make decisions based on reliable information about an individual’s past.

Starting the Criminal Background Check

Criminal background checks begin with a request from an employer, landlord, or other authorized party. The request goes to a background check company or a consumer reporting agency that specializes in background screening.

The type of background check varies based on what the requesting party needs. An employer, for example, may request criminal background checks for employment that covers local, state, and federal records. In contrast, a landlord may only need a basic review.

Collecting Information

Once the agency receives the request, it starts collecting information. It searches a variety of sources, such as:

• Court records
• Criminal databases
• Records from local, state, and federal authorities

These sources help the agency find any criminal history related to the individual.

Reviewing Criminal Records

The agency checks these records for past criminal offenses. It includes looking at misdemeanors, felony convictions, and other legal actions. This step covers all relevant aspects of the person’s criminal history.

Compiling the Report

After collecting the information, the agency organizes it into a criminal background check report. The report is then sent to the party that requested it, giving a complete view of any findings related to the person’s criminal history.

Extra Checks When Needed

In some cases, additional checks are necessary. For example, certain employers may ask for a sex offender registry check if the job involves sensitive work. Some agencies may also perform an identity check to confirm that the individual’s information is accurate.

Criminal background checks allow employers, landlords, and organizations to make informed decisions about who they hire, rent to, or accept as volunteers.

Building Safety and Trust

A criminal background check supports safety and trust. Employers use these checks to see if a job candidate is suitable for the position, especially when the role involves vulnerable groups. For example, running a criminal history check on a registered sex offender helps protect people’s safety.

Screening for Employment

Background check companies provide services to help businesses include these checks in the hiring process. Employers often use them for pre-employment screening to confirm that candidates have a safe record.

Screening Tenants

Landlords may also conduct criminal background checks on potential tenants. This helps confirm that a prospective tenant has no criminal history that could impact the property’s or other residents’ safety.

Supporting Volunteer Safety

Volunteer organizations rely on these checks to verify that volunteers are suitable for the work. These checks promote safety and well-being for everyone involved in the organization’s activities.

Protecting Integrity and Reducing Risk

Beyond safety, criminal background checks help protect an organization’s reputation. By using these checks, organizations reduce the risk of criminal offenses, such as fraud or theft, that could harm their operations.

Knowing that a criminal background check is part of the process often discourages individuals with a concerning criminal history from applying, adding an extra layer of security.

Different Types of Criminal Background Checks

Different types of criminal background checks provide varying levels of detail and scope to meet specific needs and legal requirements.

National Criminal Background Check

A national criminal background check involves searching multiple databases that compile criminal records from various jurisdictions nationwide.

This check is often used to provide a broad overview of an individual’s criminal history, including criminal convictions, arrests, and other legal issues that might be recorded in different states or regions.

It’s valuable for employers, landlords, and organizations that need a comprehensive view of an applicant’s or candidate’s background.

However, it’s important to note that while a national criminal background check can provide a wide-ranging look at criminal history records, it may not always capture every local or county criminal offense. 

Additional checks at the state or local level may be needed to get a complete picture.

Federal Criminal Background Check

A federal criminal background check focuses on crimes prosecuted under federal law. 

These checks include a search of records from federal courts and are important for positions that involve federal responsibilities or access to sensitive information.

Federal criminal offenses may include serious crimes like:

• Embezzlement
• Tax evasion
• Drug trafficking

They are handled at the federal level rather than by state or local authorities. Employers in industries regulated by federal laws often rely on federal criminal background checks to comply with legal standards. 

These checks help identify past federal criminal activities that might affect an applicant’s ability to perform certain jobs.

State and Local Criminal Background Checks

State and local criminal background checks focus on records from specific states or local jurisdictions. 

These checks are necessary for uncovering criminal records that may not be included in national or federal background checks.

They cover criminal offenses, such as:

• Misdemeanor criminal convictions
• Traffic violations
• Local crimes handled by state and local courts

State and local laws often dictate what information can be accessed and how it can be used in a background check. 

Employers and landlords conducting criminal background checks may include state and local checks to understand an individual’s criminal history better.

Fingerprint-Based Criminal Background Check

A fingerprint-based criminal background check uses an individual’s fingerprints to search through criminal databases for matching records. This type of check is commonly used by law enforcement agencies and in industries where security is paramount, such as healthcare and education.

Fingerprints provide a unique identifier, making it more difficult to hide a criminal record.

These checks are considered more accurate because they use biometric data to link directly to an individual’s criminal history records. However, they can also be more time-consuming and costly than name-based checks.

Fingerprint-based criminal background checks are often required for certain jobs, particularly those involving:

• Children
• Elderly
• Sensitive positions within the government

International Criminal Background Check

An international criminal background check extends beyond national borders, searching for criminal records in other countries. 

This type of check is important for employers hiring individuals who have lived or worked abroad or for positions involving international travel and responsibilities.

International checks often involve collaboration with foreign governments, international agencies, and other entities to access criminal history records. 

The scope of these checks can vary depending on the country’s legal system and the availability of records.

International criminal background checks are integral for employers in global industries who need to evaluate a candidate’s history across multiple jurisdictions.

What Information Does a Criminal Background Check Reveal?

A criminal background check reveals key details about an individual’s criminal history, including records of arrests, convictions, and other legal actions that may impact decisions in various contexts.

Criminal Records in a Criminal Background Check

A criminal background check gives a detailed overview of an individual’s criminal history. This overview includes criminal records such as criminal convictions, arrests, and other legal actions across various jurisdictions.

A criminal background check report typically includes criminal history records from:

• Court records
• Criminal databases
• Local and federal law enforcement agencies

The check may also cover criminal histories involving misdemeanor criminal convictions, felony criminal convictions, and minor offenses like public intoxication. They help evaluate the risk associated with individuals with a history of criminal offenses.

Arrest Records and Pending Criminal Cases

Criminal background checks often include arrest records, even without a conviction. These records detail the arrest, the charges filed, and whether they resulted in criminal convictions.

In some cases, pending criminal cases may also appear, offering insights into ongoing legal matters.

When conducting criminal record background checks, it’s essential to understand the difference between arrests and convictions. 

While an arrest does not mean guilt, it remains part of the individual’s criminal record and may be relevant depending on the hiring process or other contexts.

Pending criminal cases also hold significance, especially in roles that demand high trust.

Conviction Records and Court Records

A criminal background check includes criminal conviction records. The records detail the outcome of legal proceedings in which the individual was found guilty, providing key information on the nature and severity of the criminal offenses involved.

Conviction records typically include the type of crime, whether a misdemeanor or a felony criminal conviction, and the sentence, such as jail time or fines.

They provide official documentation of the legal process, including:

• Charges
• Verdicts
• Sentencing 

Access to court records allows for verification of the details in the criminal background report and supports making decisions based on reliable data.

Sex Offender Registry Searches

A sex offender registry search is an important part of many criminal background checks, especially for roles involving vulnerable populations such as children or the elderly. 

These searches identify whether an individual is listed on a sex offender registry, detailing the offenses and current status.

Information from a sex offender registry search typically comes from background check companies that specialize in criminal background screening. 

These businesses offer comprehensive criminal background checks that include data from national, state, and local sex offender registries.

Misdemeanor and Felony Convictions

Criminal background checks distinguish between misdemeanor convictions and felony criminal convictions, each carrying different legal consequences. 

Misdemeanor criminal convictions generally involve less severe crimes, often leading to shorter sentences or fines. However, they still form part of an individual’s criminal history and can affect opportunities in employment, housing, or volunteering.

Felony criminal convictions involve more serious crimes, typically resulting in longer prison sentences or significant fines. 

These convictions often have a greater impact during the hiring process, particularly in fields where legal compliance and public trust are essential.

Employers and other organizations must consider both misdemeanor and felony criminal convictions when conducting criminal background checks to make well-informed decisions.

Identity Theft and Criminal Background Checks

Identity theft presents a serious risk in the context of criminal background checks. If an individual’s identity is compromised, their criminal history might inaccurately reflect another person’s criminal record.

This can lead to errors in the background screening process and unfair outcomes in pre-employment decisions. 

Verifying the accuracy of the criminal background check report becomes particularly important when identity theft is suspected, as it can severely affect an individual’s ability to secure jobs.

How Long Does a Criminal Background Check Take?

The time to complete a criminal background check varies depending on several factors. These include factors such as:

• Type of check requested
• Thoroughness of the search
• Responsiveness of the agencies involved

Basic checks may take just a few days, while more thorough searches that include federal criminal records or international criminal background checks could take longer.

Delays can occur if there are difficulties accessing certain records, such as those from county criminal courts or other jurisdictions. 

Pending criminal cases or complex criminal histories may require more time to review. On average, most background checks are completed within one to two weeks.

Legal Compliance in Conducting Criminal Background Checks

Compliance with federal, state, and local laws is a key aspect of conducting criminal background checks. 

Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) sets guidelines for using criminal background checks in employment and other contexts. It requires that individuals give consent before a check is conducted and have the right to review and dispute the findings.

Background check companies and consumer reporting agencies must adhere to the FCRA when conducting checks. It provides compliant criminal background checks that protect individuals’ rights while delivering accurate background check results to the requesting party.

Equal Employment Opportunity Commission Guidelines

Employers must also follow guidelines from the Equal Employment Opportunity Commission (EEOC), which advises against using criminal history as the sole basis for employment decisions.

The EEOC emphasizes the need for background checks to be fair and non-discriminatory, considering factors such as the nature of the offense and its relevance to the job. Failure to follow legal guidelines can result in penalties and damage to the company’s reputation.

Verify With Stellar Background Checks

Stellar Background Checks helps companies make the winning hire with our comprehensive background check services.

We prioritize speed, accuracy, and compliance when generating background check reports to ensure you make confident hiring decisions. 

Onboard top-tier talent quickly by filling out this form or contacting us at 1-800-301-4140.

FAQs About Criminal Background Checks

Do all crimes show up on a criminal background check?

Not every crime appears on a criminal background check. The details depend on the type of check, the jurisdiction, and the age of the offense. Minor offenses or dismissed charges might not always appear, especially if a significant time has passed.

Will a misdemeanor affect a criminal background check?

Misdemeanor convictions can impact a criminal background check. Although misdemeanors are less severe than felonies, they still form part of an individual’s criminal history. The effect depends on the nature of the offense and its relevance to the situation, particularly in roles involving trust.

Can a criminal background check be wrong?

Errors in a criminal background check can happen, leading to incorrect information in the report. These mistakes might result from identity mix-ups, outdated records, or reporting errors. Victims of identity theft may find another person’s criminal record in their report.

Individuals have the right to dispute inaccuracies under the Fair Credit Reporting Act.

Are criminal background checks only for pre-employment screening?

Criminal background checks are used beyond pre-employment screening. Landlords, volunteer organizations, and licensing bodies also conduct these checks to assess risks in housing, volunteering, and other responsibilities.

Can expunged or sealed records appear on a criminal background check?

Expunged or sealed records are generally not included in a criminal background check, but exceptions exist. Law enforcement agencies or federal courts may still access these records in certain cases. Reporting errors could also cause these records to appear.