How to Check Criminal Record: Complete Guide

Whether you’re screening a potential employee, vetting a tenant, or conducting due diligence on a business partner, knowing how to check criminal records properly is essential for making informed decisions. This comprehensive guide will walk you through everything you need to know about conducting thorough and compliant criminal background checks.

What You’ll Accomplish

By following this guide, you’ll learn to:

Conduct comprehensive criminal background checks legally and efficiently
Navigate different types of criminal record searches
Understand what information you can and cannot access
Ensure compliance with federal and state regulations
Interpret criminal record results accurately
Avoid common pitfalls that could lead to legal issues

Who This Guide Is For

This guide is designed for:

Employers conducting pre-employment screening
Landlords and property managers vetting potential tenants
Small business owners checking partners or contractors
HR professionals implementing background check processes
Individuals researching their own records or public information

What You’ll Need

Before starting, ensure you have:

Valid reason for conducting the background check
Subject’s full legal name and date of birth
Written consent (when legally required)
Understanding of applicable federal and state laws
Budget for potential fees
Secure system for handling sensitive information

Before You Start

Prerequisites

Legal Authorization: Ensure you have a legitimate reason for conducting a criminal background check. Common valid reasons include:

Employment screening
Tenant screening
Volunteer position vetting
Professional licensing requirements
Personal safety concerns

Consent Requirements: In most cases, you’ll need written permission from the individual whose record you’re checking, especially for employment or housing decisions.

Preparation Steps

1. Research Applicable Laws: Familiarize yourself with:
– Fair Credit Reporting Act (FCRA) requirements
– State-specific background check laws
– Local “Ban the Box” ordinances
– Industry-specific regulations

2. Determine Scope of Search: Decide which types of searches you need:
– County-level criminal records
– State criminal databases
– Federal criminal records
– Sex offender registries
– Multi-jurisdictional searches

3. Establish Policies: Create written policies outlining:
– When background checks will be conducted
– What types of records will be reviewed
– How decisions will be made based on results
– Record retention and disposal procedures

Information to Gather

Collect the following information about the subject:

Full legal name (including any aliases or maiden names)
Date of birth
Social Security number (when legally permitted)
Current and previous addresses (typically 7-10 years)
Photo identification for verification

Step-by-Step Process

Step 1: Choose Your Search Method

Option A: Professional Background Check Service

Most comprehensive and legally compliant
FCRA-compliant services like BackgroundChecker.com
Automated searches across multiple databases
Professional report formatting and interpretation

Option B: Government Databases

Direct access to court records
Often more time-consuming
May require multiple searches across jurisdictions
Limited to publicly available information

Option C: Online Search Engines

Free but limited in scope
May contain outdated or inaccurate information
Not suitable for official decision-making
Good for preliminary research only

Step 2: Initiate the Search

For Professional Services:
1. Create an account with a reputable background check provider
2. Select the appropriate search package
3. Enter the subject’s information accurately
4. Upload consent forms and required documentation
5. Submit payment and authorize the search

For Direct Government Searches:
1. Identify relevant jurisdictions based on the subject’s address history
2. Visit court websites or offices in each jurisdiction
3. Submit search requests with required fees
4. Provide proper identification and legal justification

Step 3: Monitor Search Progress

Turnaround times typically range from instant for database searches to 3-5 business days for court verifications
Track your requests and follow up on any delays
Respond promptly to requests for additional information or clarification

Step 4: Review and Verify Results

1. Examine all findings carefully for accuracy
2. Verify identity matches using identifiers like date of birth and address history
3. Check for common name confusion or identity mix-ups
4. Confirm record completeness by ensuring all requested jurisdictions were searched

Step 5: Document the Process

Maintain records of consent forms
Document search parameters and dates
Store results securely with limited access
Create audit trails for compliance purposes

Tips for Success

Expert Recommendations

Cast a Wide Net: Don’t limit searches to current address only. Include all locations where the subject has lived, worked, or attended school in the past 7-10 years.

Use Multiple Identifier Verification: Cross-reference findings using multiple identifiers (name, date of birth, SSN) to ensure accuracy and avoid false matches.

Understand Database Limitations: No single database contains all criminal records. National databases often miss local arrests and convictions.

Time-Saving Tips

Batch Processing: If conducting multiple background checks, process them in batches to improve efficiency and potentially reduce costs.

Standardize Forms: Create template consent forms and information collection sheets to streamline the process.

Automate When Possible: Use integrated applicant tracking systems that connect with background check providers for seamless processing.

Quality Improvements

Regular Updates: Refresh background checks periodically for ongoing relationships, such as annual employee re-screening.

Multi-Layered Approach: Combine criminal checks with other screening methods like reference checks and education verification for comprehensive evaluation.

Professional Review: Have qualified personnel review results to ensure proper interpretation and legal compliance.

Common Mistakes

What to Avoid

Starting Without Proper Consent: Never conduct background checks without required written authorization. This can lead to legal liability and violations of privacy laws.

Relying on Incomplete Searches: Using only national databases or single-jurisdiction searches often misses relevant records.

Making Hasty Decisions: Rushing to judgment without proper verification can result in wrongful disqualification of qualified candidates.

How to Fix Errors

identity verification Issues: If you suspect a false match:
1. Request additional identifying information
2. Conduct searches using alternative name spellings
3. Verify through multiple data sources
4. Consider fingerprint-based searches for definitive identification

Incomplete Results: When searches return limited information:
1. Expand geographic scope of search
2. Include additional name variations or aliases
3. Conduct supplementary reference checks
4. Allow additional time for court verifications

Troubleshooting

Delayed Results: Court backlogs and verification processes can cause delays. Build buffer time into your decision timeline and communicate expectations clearly.

Unclear Records: When criminal records lack detail or context:

Request certified copies from the originating court
Consult with legal counsel for interpretation
Consider allowing the subject to provide explanation or context

Legal Considerations

Compliance Requirements

FCRA Compliance: When using background checks for employment or housing decisions:

Provide pre-adverse action notices
Allow opportunity for dispute and correction
Issue final adverse action notices with required disclosures
Use only permissible purposes for obtaining reports

State-Specific Laws: Many states have additional requirements:

Limitations on how far back records can be considered
Restrictions on certain types of convictions
“Ban the Box” laws limiting when criminal history can be requested
Salary threshold requirements for background checks

Rights and Obligations

Subject Rights: Individuals have rights to:

Know when background checks are being conducted
Receive copies of background check reports
Dispute inaccurate information
Understand how criminal history affects decisions

User Obligations: Those conducting background checks must:

Have legitimate business purposes
Obtain proper consent and authorization
Follow fair chance hiring practices where applicable
Protect sensitive information from unauthorized access

Documentation Needs

Maintain comprehensive records including:

Signed consent forms
Search parameters and dates
Complete background check reports
Decision-making documentation
Dispute and resolution records

Next Steps

What to Do After Receiving Results

Clean Results: If no criminal history is found:
1. Document the clean results in the subject’s file
2. Proceed with your decision-making process
3. Securely store documentation per retention policies

Records Found: When criminal history is identified:
1. Verify accuracy of information
2. Consider relevance to the position or decision
3. Follow individualized assessment procedures
4. Provide required notices and opportunities for explanation

Related Processes

Consider supplementing criminal background checks with:

Reference verification from previous employers or landlords
Education and credential verification
Motor vehicle record checks for driving-related positions
Professional license verification
Credit history checks where legally permitted

Additional Resources

EEOC guidance on use of arrest and conviction records
State attorney general resources for local law compliance
Industry association guidelines for sector-specific requirements
Legal counsel consultation for complex situations

Frequently Asked Questions

1. How far back do criminal background checks go?

Most background checks cover 7-10 years of criminal history, though this varies by state law and the type of position. Some states prohibit considering convictions older than 7 years, while others allow unlimited lookback periods for certain serious crimes or sensitive positions.

2. Can I run a background check without the person knowing?

Generally, no. For employment and housing decisions, federal and state laws typically require written consent before conducting background checks. There are limited exceptions for certain investigations, but these usually require legal authority or court orders.

3. What’s the difference between arrests and convictions?

Arrests indicate someone was detained by police on suspicion of a crime, while convictions mean they were found guilty in court. Many employers focus primarily on convictions rather than arrests, as arrests don’t prove guilt. Some states prohibit considering arrest records without conviction.

4. How do I handle discrepancies between what someone told me and their background check?

First, verify the accuracy of the background check information. If confirmed accurate, follow your established procedures for addressing discrepancies. Give the individual an opportunity to explain the situation and consider factors like the nature of the offense, time elapsed, and relevance to your decision.

5. Are there crimes that will automatically disqualify someone?

This depends on your specific requirements, industry regulations, and applicable laws. While some positions have statutory disqualifications (like certain financial crimes for banking positions), many jurisdictions require individualized assessments rather than automatic disqualifications. Develop clear, job-related criteria for your decision-making process.

Conclusion

Conducting proper criminal background checks requires careful attention to legal compliance, thorough research, and fair evaluation processes. By following this comprehensive guide, you’ll be equipped to make informed decisions while protecting both your interests and the rights of those being screened.

The key to successful background screening lies in using reliable sources, following established procedures, and staying current with evolving legal requirements. Remember that background checks are just one tool in your decision-making process and should be combined with other evaluation methods for the most complete assessment.

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