What Shows Up on a Criminal Background Check for Employment?
When applying for a job, it’s common for employers to conduct a criminal background check as part of the hiring process. But what exactly does this check entail, and what information can employers access?
What Does a Criminal Background Check Typically Include?
A criminal background check is a review of an individual’s criminal history, which can reveal information about their past criminal activity, arrests, and convictions. The specific information included in a background check can vary depending on the type of check and the jurisdiction, but it usually includes:
- Felony and Misdemeanor Convictions: Records of convictions for felonies and misdemeanors, including the offense, date of conviction, and sentence imposed.
- Arrests: Records of arrests, including the date, time, and location of the arrest, as well as the charges filed.
- Criminal Charges: Records of criminal charges filed against the individual, including the date, time, and location of the charges, as well as the alleged offense.
- Probation and Parole Information: Records of probation and parole status, including the terms of supervision and any violations.
- Court Orders and Restitution: Records of court orders, including fines, restitution, and other obligations.
What Doesn’t Show Up on a Criminal Background Check?
While a criminal background check can provide valuable information, there are some limitations to what it can reveal. Not all criminal activity will show up on a background check, including:
- Misdemeanors that were expunged or sealed: If an individual has had a misdemeanor conviction expunged or sealed, it will not appear on a background check.
- Traffic Violations: Traffic violations, such as speeding tickets or parking fines, are not typically included in a criminal background check.
- Criminal Activity that Didn’t Result in a Conviction: If an individual was arrested or charged with a crime but was not convicted, that information may not appear on a background check.
- Criminal Activity in Other Jurisdictions: If an individual has been arrested or convicted of a crime in a different jurisdiction, that information may not appear on a background check unless the employer requests a multi-state or national search.
Types of Criminal Background Checks
There are several types of criminal background checks that employers may conduct, including:
- County or Local Search: A search of a specific county or local jurisdiction’s records for criminal activity.
- State Search: A search of a specific state’s records for criminal activity.
- National Search: A search of the FBI’s criminal database, which includes information from all 50 states and the District of Columbia.
- Multi-State Search: A search of multiple states’ records for criminal activity.
FBI Database and the FCRA
The FBI maintains a national database of criminal records, known as the Federal Bureau of Investigation (FBI) Identification Record, which is used to generate the rap sheet. The Fair Credit Reporting Act (FCRA) is a federal law that regulates the use of consumer reports, including criminal background checks.
How Long Does a Criminal Background Check Take?
The length of time it takes to complete a criminal background check can vary depending on the type of check and the jurisdiction. Typically, a background check can take anywhere from a few days to several weeks to complete.
Conclusion
A criminal background check is an important part of the hiring process for many employers. While it can provide valuable information about an individual’s past criminal activity, it’s essential to understand what does and doesn’t show up on a background check. Employers must also comply with federal and state laws regulating the use of criminal background checks, including the FCRA.
Table: Criminal Background Check Information
| Information | Typically Included |
|---|---|
| Felony and Misdemeanor Convictions | |
| Arrests | |
| Criminal Charges | |
| Probation and Parole Information | |
| Court Orders and Restitution |
Table: Types of Criminal Background Checks
| Type of Search | Description |
|---|---|
| County or Local Search | Search of a specific county or local jurisdiction’s records |
| State Search | Search of a specific state’s records |
| National Search | Search of the FBI’s criminal database |
| Multi-State Search | Search of multiple states’ records |
Table: FCRA Requirements
| Requirement | Description |
|---|---|
| Notice to the Individual | The employer must provide notice to the individual that a background check will be conducted |
| Disclosure Statement | The employer must provide a disclosure statement to the individual, detailing the types of information that will be included in the background check |
| Certification | The employer must certify that it has complied with the FCRA and any applicable state laws |
I hope this article helps answer the question "What shows up on a criminal background check for employment?" If you have any further questions or concerns, please feel free to ask!
