What Shows Up on a Criminal Background Check?
A criminal background check is a thorough investigation that involves reviewing an individual’s criminal history to determine whether they have any prior criminal convictions or arrests. In today’s world, employers, landlords, and institutions frequently conduct background checks as part of the hiring, tenancy, or admission process. But what exactly do background checks reveal? This article aims to provide you with a comprehensive overview of what typically shows up on a criminal background check.
What Information is Required by Law to be Reported?
The Fair Credit Reporting Act (FCRA) requires employers and others to disclose the information being collected and used for credit decisions. In the context of criminal background checks, all states have laws regarding the types of criminal offenses that must be reported.
• Felony Convictions: Most states report felony convictions, including sentences of imprisonment, probation, and parole.
• Misdemeanor Convictions: Some states require the reporting of misdemeanor convictions, especially those related to drug use, domestic violence, or other serious crimes.
• Arrests: Some states mandate reporting of arrests, whereas others may only report those arrests that resulted in conviction or imprisonment.
Non-Conviction Information May be Reported
In addition to conviction information, non-conviction information such as:
• Citations: Traffic citations or fines for minor infractions, like parking tickets
• Warrants: Active or outstanding warrants
• Mental health: In some cases, mental health records may be disclosed, especially in conjunction with violent or criminal acts
Other Information May Be Included
Some additional details may be included on a criminal background check report:
• Driver’s license records: In some states, driver’s license records may be checked, which could reveal traffic offenses, license suspensions, or revocations.
• Military records: The report may include information related to military service, including discipline, court-martial convictions, or other forms of misconduct.
• Bankruptcy: In certain circumstances, bankruptcy records might be reported, particularly when financial transactions are involved.
• Tax liens: Outstanding tax liens may be disclosed, affecting the individual’s credit and employment prospects.
Private versus Public Records
Some types of records are maintained privately, while others are held publicly. Public records, such as:
- Court records: trial transcripts, court transcripts, and other documents.
- Police reports: Incident reports, arrest records, and other documents generated during investigations.
- Voter registration: Voter information and political affiliations (Note: this information might be private in some cases)
Private records, typically owned by:
- Law enforcement agencies: Body cameras, dashcam videos, and other internal materials
- Financial institutions: Banking records, investment documents, and other confidential information
How are Reports Conducted?
Credit Reporting Agencies are responsible for conducting and disseminating criminal background reports. They use various data sources, including:
+ Government databases: state and federal records, crime labs, and other institutions
+ Public sources: court records, property records, and other open data
+ Investigative databases: proprietary files collected from various sources
+ Online searches: Search engines, social media platforms, and other websitesWhat Can a Potential Employer Do?
Prior to conducting a background check, employers should have a clear policy regarding criminal history. A responsible approach includes:
• Defining the nature and scope of the screening process
• Notify individuals that a background check is being conducted
• Providing a specific notice outlining the types of records being searched
• Offering an explanation and context for the adverse decision
• Assisting in the appeal and remediation process
By understanding what shows up on a criminal background check and complying with relevant laws, you can ensure a comprehensive yet fair evaluation of your or others’ criminal histories. Remember that private employment screening is not perfect and can lead to unfair discrimination. It’s crucial to maintain transparency, empathy, and a dedication to creating a fairer work environment.
References and Additional Resources
American Bar Association. (2018). Criminal Background Checks in Employment. Retrieved from https://www.americanbar.org/publications/law_practice_today_home/2018/october/criminal-background-checks-in-employment/
National Association of Professional Background Screeners. (n.d.). What is Included on a Background Check? Retrieved from https://www.napbs.com/index.php/what-is-included-on-a-background-check
Federal Trade Commission. (n.d.). What Information is Included on a Background Check Report? Retrieved from https://www.ftc.gov/inforesources/background-checks/faqs/background-check-report-information-included
