How Far Back Do Police Background Checks Go?
When applying for a job, a loan, or a security clearance, individuals often wonder how far back do police background checks go? The answer varies depending on the jurisdiction, agency, and purpose of the check. In this article, we’ll explore the depth of police background checks, highlighting the significant factors that influence the scope of these investigations.
Federal vs. State-Level Background Checks
In the United States, background checks are conducted at both the federal and state levels. Federal agencies, such as the Federal Bureau of Investigation (FBI), have access to a vast repository of criminal records, which can span back decades. The FBI’s Criminal Justice Information Services (CJIS) Division maintains the National Crime Information Center (NCIC) database, which contains over 100 million criminal records, including arrests, convictions, and warrants. Federal background checks typically examine a subject’s criminal history for the past 10-20 years, but may go back further depending on the specific agency or purpose of the check.
On the state level, background checks are conducted by individual states, which may have their own databases and laws governing the scope of these checks. State background checks typically examine a subject’s criminal history for the past 5-10 years, but may go back further if there are specific concerns or circumstances.
Purpose of the Background Check
The purpose of the background check is a significant factor in determining how far back it goes. For example:
- Employment background checks: These checks are typically limited to the past 7-10 years, as employers are usually only concerned with an applicant’s recent criminal history and any potential risks they may pose to the workplace.
- Security clearance background checks: These checks are conducted by government agencies, such as the FBI, and may examine a subject’s criminal history for 20-30 years or more, as a deeper understanding of their criminal past is necessary to assess their suitability for sensitive positions.
- Licensing background checks: These checks are conducted by state licensing boards and may examine a subject’s criminal history for 10-20 years, as the purpose of the check is to determine whether the individual is fit to practice a particular profession.
Criminal Record Database Searches
Police background checks typically involve searching criminal record databases, which contain a wide range of information, including:
- Arrest records: Records of arrests, including those that did not result in convictions.
- Conviction records: Records of convictions, including felony and misdemeanor convictions.
- Warrant records: Records of outstanding warrants, including arrest warrants and bench warrants.
- Mugshot records: Photographs of individuals taken during arrests or booking processes.
The scope of these searches varies depending on the agency conducting the check and the specific database being searched. For example:
- National Crime Information Center (NCIC) database: The NCIC database contains over 100 million criminal records, including arrests, convictions, and warrants. The FBI uses this database to conduct federal background checks.
- State criminal records databases: Each state maintains its own criminal records database, which may contain arrest records, conviction records, and other relevant information.
- Local law enforcement databases: Local law enforcement agencies, such as police departments, may maintain their own databases of criminal records, which may be searched during a background check.
Factors Influencing the Scope of Background Checks
Several factors can influence the scope of a background check, including:
- Jurisdiction: The jurisdiction in which the check is conducted can impact the scope of the search. For example, a federal background check may examine a subject’s criminal history across multiple states, while a state-level background check may only examine their criminal history within that state.
- Purpose of the check: The purpose of the check can also impact the scope of the search. For example, a security clearance background check may examine a subject’s criminal history for a longer period than an employment background check.
- Criminal record databases: The databases searched during a background check can impact the scope of the search. For example, searching the NCIC database can provide a more comprehensive picture of a subject’s criminal history than searching a single state’s criminal records database.
Conclusion
The scope of police background checks can vary significantly depending on the jurisdiction, agency, and purpose of the check. While federal background checks may examine a subject’s criminal history for 10-20 years or more, state-level background checks may only examine their criminal history for 5-10 years. Understanding the factors that influence the scope of these checks is essential for individuals who are undergoing a background check, as it can help them better prepare and respond to any findings.
