What Shows Up on a Criminal Background Check?

Criminal background checks are a cornerstone of employment screening, but many employers and candidates don't fully understand what information these reports contain, how the data is gathered, or what can legally be used in hiring decisions. This guide demystifies criminal background checks for both employers and job seekers.

Types of Criminal Records

Criminal background checks can reveal various types of records depending on the scope of the search:

Felonies

Serious crimes typically punishable by imprisonment for more than one year. Examples include:

• Murder and manslaughter
• Robbery and burglary
• Drug trafficking
• Serious assault
• Fraud and embezzlement
• Sexual offenses

Misdemeanors

Less serious offenses typically punishable by fines or imprisonment for less than one year. Examples include:

• Petty theft
• Simple assault
• Disorderly conduct
• DUI/DWI (in many jurisdictions)
• Minor drug possession
• Trespassing

Infractions

Minor violations typically resulting in fines only, such as traffic tickets. These generally don't appear on criminal background checks but may show up on driving record checks.

What Information Appears in Criminal Records

A criminal record typically includes:

• Offense date — When the crime allegedly occurred
• Arrest date — When the individual was taken into custody
• Charges filed — The specific criminal charges
• Case disposition — How the case was resolved (conviction, dismissal, acquittal, etc.)
• Sentence — Penalties imposed (jail time, probation, fines)
• Court and jurisdiction — Where the case was adjudicated

Sources of Criminal Record Information

County Court Records

The most comprehensive source for criminal records. County-level searches check courthouse records where cases are filed and adjudicated. Since criminal cases are prosecuted at the county level, this is often the most accurate and detailed source.

State Criminal Repositories

State-level databases that aggregate criminal records from counties within the state. Coverage and completeness vary significantly by state—some have comprehensive databases while others are incomplete or have significant delays.

Federal Court Records

Records of federal crimes prosecuted in U.S. District Courts. These include offenses like bank fraud, immigration violations, federal drug trafficking, and crimes on federal property.

National Criminal Databases

Commercial databases that aggregate records from multiple sources. These provide broad coverage but may have gaps or outdated information. Best used as a supplement to, not a replacement for, primary source searches.

"No single database contains all criminal records. Comprehensive screening typically combines multiple search types to minimize gaps."

What Doesn't Show Up

Sealed and Expunged Records

Records that have been legally sealed or expunged generally should not appear on background checks. However, improper data handling by some sources can occasionally cause these records to surface. If this happens, candidates can dispute the information.

Juvenile Records

In most states, juvenile records are confidential and don't appear on standard background checks. Exceptions may exist for serious offenses or specific industries like childcare.

Arrests Without Conviction

Many states restrict the reporting of arrests that didn't result in conviction. The FCRA also limits reporting of arrests (but not convictions) to seven years. Some states prohibit considering arrests entirely.

Old Convictions

Under the FCRA, consumer reporting agencies cannot report non-conviction records older than seven years. Some states extend this restriction to convictions as well, with varying lookback periods.

The Seven-Year Rule and Beyond

The FCRA's seven-year rule applies to certain records but has important nuances:

Records Subject to Seven-Year Limit:

• Arrests that didn't result in conviction
• Civil suits and judgments
• Paid tax liens
• Accounts placed for collection

Records NOT Subject to Seven-Year Limit:

• Criminal convictions (can be reported indefinitely under federal law)
• Jobs with salary of $75,000 or more (some exemptions apply)

State Variations

Many states have enacted stricter limitations:

• California: Seven-year limit on convictions for most positions
• New York: Seven-year limit on convictions
• Massachusetts: Can only consider felony convictions within 10 years, misdemeanors within 5 years
• Other states: Varying restrictions on lookback periods

Pending Cases

Cases that haven't been resolved (pending charges) present a challenge:

• The individual is presumed innocent until proven guilty
• Pending cases can be reported on background checks
• Employers must be cautious about adverse action based on pending charges
• EEOC guidance suggests considering the specific circumstances

Criminal Record Accuracy Issues

Criminal records aren't always accurate. Common issues include:

Identity Confusion

Records may be attributed to the wrong person due to similar names, transposed Social Security numbers, or common name combinations.

Outdated Disposition Information

Arrest records may appear without updated disposition information showing dismissal or acquittal.

Sealed Records Appearing

Records that should be sealed or expunged sometimes persist in databases that aren't properly updated.

Data Entry Errors

Misspellings, wrong dates, or incorrect charge information can appear in records.

This is why the FCRA requires providing candidates with a copy of their report and an opportunity to dispute inaccuracies before adverse action.

Employer Considerations

Job-Relatedness

EEOC guidance emphasizes that criminal history should be evaluated in relation to the specific job. Key questions:

• Does the offense relate to the job duties?
• What is the nature of the position (access to vulnerable populations, handling money, etc.)?
• How recent was the offense?

Consistent Policies

Apply criminal record policies consistently to avoid discrimination claims. If you reject one candidate for a particular offense, you should treat similar candidates the same way.

Individualized Assessment

Rather than blanket exclusions, consider each candidate's circumstances:

• Facts and circumstances of the offense
• Number and nature of offenses
• Rehabilitation efforts
• Age at time of offense
• Employment history since the offense

Industry-Specific Requirements

Certain industries have specific criminal record requirements:

Healthcare

• OIG exclusion list check required for Medicare/Medicaid billing
• State-specific healthcare worker registries
• May be prohibited from hiring individuals with certain convictions

Financial Services

• FDIC Section 19 restrictions on dishonesty offenses
• FINRA licensing requirements
• State insurance licensing restrictions

Transportation

• TSA requirements for airport workers
• DOT requirements for commercial drivers
• Hazmat endorsement restrictions

Childcare and Education

• State-mandated background check requirements
• Specific offenses that disqualify candidates
• Fingerprint-based checks often required

Best Practices for Employers

1. Define position-specific criteria based on job duties and risks
2. Use multiple search types for comprehensive coverage
3. Verify information when discrepancies appear
4. Follow adverse action procedures meticulously
5. Conduct individualized assessments rather than blanket exclusions
6. Document decision-making for each candidate
7. Stay current on state and local laws which change frequently
8. Train hiring managers on proper criminal history evaluation

How Clear Facts Solutions Helps

Clear Facts Solutions provides comprehensive criminal background screening:

• Multi-jurisdictional searches covering county, state, and federal records
• National database searches for broad coverage
• Sex offender registry checks
• Watch list and sanctions screening
• Continuous monitoring for ongoing risk management
• Compliance guidance for state-specific requirements
• Fast turnaround without sacrificing accuracy