What is a Criminal Background Check?
A criminal background check, also known as a background investigation, is a process used to gather and verify information about an individual’s criminal history. It is a comprehensive review of an individual’s past, including their criminal records, to determine whether they have a history of engaging in illegal activities. Criminal background checks are commonly performed by employers, landlords, and government agencies to screen individuals before hiring, renting, or granting access to sensitive information.
How Does a Criminal Background Check Work?
A criminal background check typically involves a search of public records, including:
- Federal databases: The Federal Bureau of Investigation (FBI) and the National Institute of Corrections (NIC) maintain databases of criminal records, including the FBI’s National Crime Information Center (NCIC) and the NIC’s Offender-based Information System (OBIS).
- State databases: Each state maintains its own database of criminal records, including arrests, convictions, and sentencing information.
- Local databases: Local law enforcement agencies also maintain records of arrests, convictions, and sentencing information.
The process typically involves the following steps:
- Data Collection: The requesting agency or individual collects and submits the individual’s biographical information, including their name, date of birth, and social security number.
- Searches: The collected data is then searched against the public records databases to identify any matches.
- Verification: The results of the search are then verified and confirmed by the requesting agency or individual.
- Reporting: The findings of the background check are then reported to the requesting agency or individual.
Types of Criminal Background Checks
There are several types of criminal background checks, including:
- Name-based check: A name-based check searches for a specific individual’s name and returns a list of possible matches.
- Fingerprints-based check: A fingerprints-based check requires the individual to provide their fingerprints, which are then matched against criminal records.
- Conviction-based check: A conviction-based check searches for convictions, excluding arrests or charges that did not result in a conviction.
What is Revealed in a Criminal Background Check?
A criminal background check may reveal information such as:
- Arrests: Previous arrests, including the nature of the arrest and the outcome (e.g., conviction, acquittal, or dismissal).
- Convictions: Previous convictions, including the nature of the offense and the sentence imposed.
- Felony convictions: Felony convictions, including the severity of the offense and the sentence imposed.
- Misdemeanor convictions: Misdemeanor convictions, including the severity of the offense and the sentence imposed.
- Sex offender registration: Whether the individual is required to register as a sex offender.
- Parole or probation: Whether the individual is currently on parole or probation.
Facts About Criminal Background Checks
Here are some interesting facts about criminal background checks:
- Accuracy issues: Criminal background checks are not 100% accurate, and errors can occur due to incomplete or incorrect information.
- Limitations: Criminal background checks may not reveal all past criminal activity, as some records may be sealed, expunged, or not yet entered into public databases.
- Frequency of use: Criminal background checks are commonly used by employers, landlords, and government agencies, but also by private individuals and businesses.
- Cost: The cost of a criminal background check can vary widely, depending on the complexity of the search and the agency performing the check.
- Legal considerations: Criminal background checks must be performed legally and ethically, with strict guidelines regarding the use and disclosure of the information obtained.
Conclusion
A criminal background check is a powerful tool used to gather and verify information about an individual’s criminal history. While not foolproof, criminal background checks provide valuable insights for employers, landlords, and government agencies seeking to protect themselves and others from potential risks. By understanding what is revealed in a criminal background check and the legal considerations surrounding its use, individuals and organizations can make informed decisions about hiring, renting, or granting access to sensitive information.