A criminal history background check may reveal felony and misdemeanor convictions, pending or dismissed charges, arrests that did not result in conviction, and more.
Employers must follow federal regulations and EEOC guidelines for using this information in hiring decisions.
Performing a criminal background check is an essential step in selecting a candidate for employment. It uncovers a wealth of information to help you assess whether a job candidate is the right fit for your company. Comply with EEOC and federal laws, including FCRA.
The information gathered in a criminal background check can include a person’s legally reportable conviction records, arrests, detentions without charges, incarcerations, and release dates. The checks typically search national, state, and county criminal court databases. They may search offender registries, watch lists, and other public records.
Employers can find criminal history records through several methods. Different methods can result in consistent and complete results, so it’s essential to understand the difference between them before making decisions.
What Shows Up on a Criminal History Background Check?
A criminal background check searches federal, state, and county criminal court records to report on a candidate’s felony and misdemeanor convictions and any pending criminal cases. It may also include legal infractions such as citations or fines that are not considered crimes in some jurisdictions. In addition, a background check can also search sex offender registries to see if a candidate is a registered sex offender.
Depending on the job you are hiring, federal and state laws, and your company’s background screening policies, you can choose how to apply for criminal background check. Most employers run a nationwide background check to avoid redundancies and additional costs by searching for criminal conviction information that may occur outside of a candidate’s county of residence, and this is supplemented with county searches in the counties where a candidate lived in the past seven years. Disposition and sentencing are essential because the difference between a felony and a misdemeanor can significantly impact employment eligibility. Also, arrests that don’t result in a conviction or are dismissed will show up on criminal background checks, as will acquittals and charges that were sealed, expunged, or eradicated.
Standard Criminal History Background Check
Employers rely on criminal background checks to help them find qualified and safe employees. Statistics show that workplace violence in the form of assault and murder is becoming increasingly common, so hiring only reliable and trustworthy people helps to ensure safety for everyone.
A standard criminal history background check searches a candidate’s legally reportable court records for the past seven years. This can include arrests, convictions, and other legally reportable offenses. Some criminal background checks also include drug test results based on state laws.
To maximize the information you receive from a criminal history background check, it’s essential to select which state and county records you want to search. It’s also helpful to choose which aliases you want searched and to limit the date range of your search. Furthermore, certain states and urban areas have implemented ban-the-box policies that forbid employers from inquiring about criminal history during the application process or before the initial interview.
Statewide Criminal History Background Check
A state-level criminal background check includes a search of county court records that show an individual’s arrest record, conviction, and sentence. The information available on these searches will vary by state, with some retaining records for up to seven years.
A statewide criminal search may also reveal the offense’s severity, the conviction date, and whether it was a felony or misdemeanor. It can also provide a more complete picture of the person’s criminal history than county-only searches, as they can uncover crimes from states where the person has lived or worked.
As a result, employers often require state search industries that handle financial or sensitive information or work directly with vulnerable populations, such as healthcare, finance, and education. In addition, they are commonly required for certain public sector positions. In addition, many employers conduct statewide searches to complement local county searches to ensure they cover all relevant information about the employee.
Federal Criminal History Background Check
Many people with a criminal record are employed in jobs that require a background check, especially those working in teaching and medical professions. Some states have ban-the-box and expungement laws, but federal convictions remain on records regardless of state law.
A federal background check reveals criminal activity prosecuted in district courts and appeals. It can reveal crimes such as mail fraud, tax evasion, bank robbery, and violations of other federal statutes.
In addition to identifying felony, misdemeanor, and infraction convictions, a federal criminal background check will also identify any pending cases. This is important to remember because a pending case doesn’t have the same impact on a person’s life as an actual conviction.
A nationwide search of a person’s address history and fingerprint matches is usually included in a criminal background check, along with searches of local records, terrorist and sex offender registries, and state records. Depending on the client’s needs, additional searches can be added to the search scope, provided it’s permitted by applicable federal and state/local laws.