What Does a Criminal Background Check Show?
When applying for a job, loan, or other important opportunity, it’s not uncommon to be asked to undergo a criminal background check. But what exactly does this process entail, and what information can it reveal about an individual’s criminal history? In this article, we’ll delve into the details of what a criminal background check shows, and what employers, lenders, and other organizations should know.
What a Criminal Background Check Typically Shows
A criminal background check is a thorough examination of an individual’s criminal record, which can reveal information about their past arrests, convictions, and other law enforcement interactions. The type of information that a criminal background check shows can vary depending on the jurisdiction, but it typically includes:
- Arrests and Convictions: A criminal background check will typically show any arrests, convictions, and sentences an individual has received, including felony and misdemeanor charges.
- Criminal Charges: The check may also show any pending criminal charges, as well as any charges that were dropped or dismissed.
- Misdemeanors and Felonies: Both misdemeanors and felonies will be included in the report, including the charges, convictions, and sentences.
- Juvenile Records: In some cases, juvenile records may also be included in the report, depending on the jurisdiction and the individual’s age at the time of the offense.
- Criminal Court Records: The check may also include information from criminal court records, such as trial dates, verdicts, and sentences.
What a Criminal Background Check Does Not Typically Show
While a criminal background check can provide valuable information, it’s important to note that it may not always show everything. Some of the things that a criminal background check typically does not show include:
- Misdemeanor Charges That Were Dismissed: If a misdemeanor charge was dismissed or dropped, it may not show up on the report.
- Traffic Violations: Traffic violations, such as speeding tickets or parking violations, are usually not included in a criminal background check.
- Civil Records: Civil records, such as lawsuits or bankruptcies, are not typically included in a criminal background check.
- Sealed or Expunged Records: If an individual’s criminal record has been sealed or expunged, it may not show up on the report.
Types of Criminal Background Checks
There are several types of criminal background checks, each with its own unique purposes and requirements. Some of the most common types of criminal background checks include:
- Standard Background Check: A standard background check is the most common type of check and typically includes information from local, state, and federal databases.
- FBI Background Check: An FBI background check is a more extensive check that includes information from the FBI’s National Crime Information Center (NCIC) database.
- State-Specific Background Check: Some states require their own specific background checks, which may include information from state-specific databases.
- Employment Background Check: Employment background checks are typically used by employers to screen job applicants and may include information from local, state, and federal databases.
What Employers and Lenders Should Know
When it comes to criminal background checks, employers and lenders should be aware of the following:
- Fair Credit Reporting Act (FCRA): The FCRA requires employers and lenders to obtain permission from applicants before conducting a criminal background check and to provide a copy of the report to the applicant if requested.
- State and Local Laws: Different states and localities have their own laws and regulations regarding criminal background checks, so it’s important for employers and lenders to be aware of these laws and regulations.
- Job Requirements: Employers should only use criminal background checks to screen applicants for specific job requirements, such as working with children or handling sensitive information.
- Disparate Impact: Employers should be aware of the potential for disparate impact, which occurs when a criminal background check disproportionately affects certain groups of people.
Conclusion
A criminal background check is a powerful tool that can provide valuable information about an individual’s criminal history. However, it’s important for employers, lenders, and other organizations to understand what the check shows and what it does not show. By being aware of the potential limitations and requirements of a criminal background check, individuals and organizations can make more informed decisions and ensure fairness and accuracy in the process.
Table: Typical Information Included in a Criminal Background Check
| Category | Information Included |
|---|---|
| Arrests and Convictions | Arrests, convictions, and sentences |
| Criminal Charges | Pending and past criminal charges |
| Misdemeanors and Felonies | Misdemeanor and felony charges, convictions, and sentences |
| Juvenile Records | Juvenile arrests, convictions, and sentences (in some cases) |
| Criminal Court Records | Trial dates, verdicts, and sentences |
Bullets: Common Uses of Criminal Background Checks
• Employment screening
• Loan applications
• Rental applications
• Volunteering or working with children
• Handling sensitive information
• Compliance with regulatory requirements
