Criminal Background Checks

A criminal record (or criminal history) is a record of contact an individual has had with the criminal justice system. A criminal history is generally public record and can be found by searching the records of federal, state, and county courts or law enforcement agencies.

Having a criminal history doesn’t necessarily mean a person was convicted of a crime. Arrests that didn’t lead to prosecution; charges of which an individual was acquitted (found innocent); and charges that were dismissed may all appear on a criminal record.

Criminal background checks search a variety of court records to report a candidate’s criminal history. The specific records searched will vary based on the job for which you’re hiring, federal and local laws and industry regulations regarding criminal background checks, and your company’s background screening policies.

A criminal background check might include any or all of the following:

The results of a criminal background check are based on the type of court being searched, applicable laws in the state or jurisdiction of the candidate, and whether the information is being reported by a consumer reporting agency (CRA) or sources are searched by the employer.

When using criminal background checks in hiring, employers and CRAs must comply with the federal Fair Credit Reporting Act (FCRA). There may also be state and local laws governing what information from a criminal history record can be reported to a CRA and legally considered for hiring decisions by an employer. For example, some states do not allow reporting of felonies more than seven years old. Other states do not allow reporting of misdemeanors or infractions after other time frames, like three or five years. There may also be laws regarding whether non-convictions can be reported in a background check.

In general, a criminal record will show information including:

A federal criminal record may reveal violations of federal criminal law, such as federal tax evasion, mail fraud, embezzlement, and identity theft.

The record may also show the disposition of the case, which can include:

A criminal record check may also report:

Criminal record checks usually don’t report juvenile offenses. Juvenile records can be sealed or expunged when the individual turns 18 and in some jurisdictions, this happens automatically.

An alias is any other name an individual might use (or have used) in addition to their current legal name. Candidates may have records under different aliases, such as nicknames, maiden names, hyphenated names, suffixes, shortened names, or legally changed names. 

Aliases are an integral part of a person’s identity records and play a critical role in returning comprehensive results, because:

• Courts do not include all the names an individual has used in their life
• Courts do not typically and retroactively update records if someone changes their name after the conviction
• Some courts require exact name matching for a record to be returned

Including aliases in your background screening process can provide a more complete picture of an individual’s history—helping you find up to 27% more records. When added to your package, Checkr can use aliases for all criminal record searches, county civil searches, global watchlist searches, and sex offender registry searches.

Court records, which contain the bulk of criminal histories, are open to the public, so employers may be able to search the records themselves. However, different sources store records in different ways. Checking a candidate’s criminal history might mean simply searching a database, but could also involve a time-consuming trip to a distant courthouse. Searching for criminal history records can be especially complex when you’re hiring large groups of employees at once, or many employees from different locations. The method in which criminal records are stored and the laws governing their use vary by state and even from one local jurisdiction to another.

To save time, help ensure legal compliance, and gather the most accurate criminal history information, employers may prefer to have an FCRA-compliant CRA conduct their criminal background screenings. Experienced CRAs, like Checkr, comply with federal and local reporting laws and help employers follow EEOC guidance regarding criminal records checks. Checkr monitors the increasing number of state and local ban-the-box and fair hiring laws regulating how employers can use criminal records in hiring decisions. Plus, Checkr’s professional relationships with courts can speed criminal background checks even when court records aren’t digitized.

At Checkr, our mission is to build a fairer future by designing technology that creates opportunities for all. Our products are built to empower customers to hire fairly and open their candidate pools to nontraditional or often overlooked talent, such as individuals with criminal records.

In today's rapidly evolving society, the pursuit of fairness and inclusivity has become a cornerstone of progress. Within this context, the concept of fair chance hiring has emerged as a powerful force for change in the current employment landscape. Fair chance hiring laws restrict some employers from asking job applicants about their criminal history and also regulate how that history—when properly obtained—can be used in the job application process.

Checkr surveyed 2,000 American business leaders to uncover attitudes about hiring individuals with criminal records and the factors that come into play when companies make these types of hiring decisions. View the full report.

Using an FCRA-compliant background check service like Checkr can take the administrative burden of criminal background screening off your hands. Checkr’s advanced platform searches thousands of databases, law enforcement sources, and registries to deliver comprehensive criminal records reports. Our streamlined processes help you comply with relevant federal, state and local laws, including disclosure and authorization, and adverse action protocols.

Checkr’s easy-to-use tools let you filter results that aren’t relevant to your company’s hiring policies, while our user-friendly dashboard helps you review results and understand what they mean. Your job candidates will appreciate a seamless background check experience thanks to Checkr’s mobile-friendly portal where they can access status updates and live support. Enjoy peace of mind with a background check service that supports you–and your candidates–in delivering compliant criminal background checks.

The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.