What to Know About Criminal Record Checks
Not all background check types are alike. Criminal record checks come in multiple forms. Here’s what you need to know.
What are the different kinds of criminal record searches?
There isn’t a single source that includes all criminal records. In most cases, records are maintained by the originating courthouse. Here are some of the most common criminal record types:
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County Criminal Records – Includes details related to violations of state or local laws that may have resulted in felony, gross misdemeanor, and misdemeanor charges. These records are maintained at the county courthouses and are considered more up-to-date than Statewide records.
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Statewide Criminal Records - Includes details related to violations of state or local laws that may have resulted in felony, gross misdemeanor, and misdemeanor charges at a county within the state. Statewide record repositories can vary in their completeness since there is no nationwide reporting standard applied to counties.
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Federal Criminal Records – Includes details related to violations of federal law, such as crimes occurring on federal land, crossing state lines, or involving federal agencies. These records are maintained at federal courthouses.
How is information gathered in criminal searches?
Criminal record searches typically involve a three-step process:
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Candidate information is requested and collected. Matching criteria can vary across sources, so the information needed may not always be the same.
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Research into potential criminal records is performed in the jurisdiction(s) selected. Expanded jurisdictions may be ordered based on “pointer search” results, such as an Address History Trace or National Criminal Plus search.
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Proofing is done to ensure product readiness, and any relevant information is distributed.
Occasionally, if a problem is encountered during the research phase, troubleshooting or additional information collection is required.
Which courts are included in a statewide criminal records search?
Statewide Criminal Searches include records from county courthouses within the state. Verified Credentials offers statewide criminal records searches in the following states:
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Which courts are included in a federal criminal background check?
National federal criminal searches scour court records from 94 federal district courts throughout the United States. Districts are spread throughout each state, the District of Columbia, and four U.S. territories, and each includes its own specific bankruptcy court. Two additional courts, the Court of International Trade and the Court of Federal Claims, are included as well. This extensive range permits federal criminal searches to locate data on a nationwide scale.
What types of crimes are prosecuted at the federal level?
Crimes prosecuted at the federal level include violations of federal law. Federal crimes are often considered serious in nature, and many are considered “white-collar crimes.” Examples include fraud, embezzlement, drug trafficking, and cybercrimes. White-collar crimes are prosecuted at the federal level due to the level of harm they cause to individuals, typically for financial gain.
What shows up on a county criminal records search?
County criminal records searches can reveal case information like:
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ID number and time frames
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State and county location information
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Charges and sentencing information
How far back do criminal searches go?
Generally, criminal background checks cover a lookback period of seven years per Fair Credit Reporting Act (FCRA) regulations. This period begins after a disposition has been reached. While convictions are applied to an individual’s permanent record unless they’re expunged or sealed, they may not be reportable after the seven-year period.
Some states offer an exception to the seven-year rule, allowing searches beyond the standard time frame for roles with an annual salary of $75,000 or more.
How accurate are county criminal background checks?
County criminal background checks are often considered some of the most accurate criminal searches. Criminal activity recorded by municipal authorities is often reported to their county as quickly as the same day, allowing for retrieval in one or more business days. Processing times vary between sources.
Are statewide criminal databases complete and up to date?
Statewide criminal databases are not always considered complete and up to date. As repositories, they’re limited by a need to be regularly updated or risk the data becoming outdated. For up-to-date criminal information, it’s recommended to pair statewide criminal background checks with county criminal searches to enhance coverage.
What are the limitations of national federal criminal searches?
National federal criminal searches are limited to crimes prosecuted at the federal level. Examples of federally prosecuted crimes include, but are not limited to:
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Drug trafficking and distribution
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Bribery of government officials or personnel
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Terrorism and espionage
What’s the difference between county, statewide, and federal criminal searches?
The differences between county, statewide, and federal criminal searches largely amount to the sources used to locate each type of record.
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County criminal searches collect records directly from the municipalities within their area.
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Statewide criminal searches access state-maintained databases that are systematically updated using county record data.
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Federal criminal searches locate records held by the federal government in the appropriate regional district court.
When should employers include a federal criminal search in screening?
Employers may want to employ federal criminal record searches when the candidate’s role provides unrestricted access to prominent company resources or groups of at-risk individuals. Executives are prime candidates for this search, as their administrative duties can place them in public positions. Other professionals, like financial or banking staff and technology professionals who regularly access sensitive information, are also ideal for federal background checks.