What Shows Up On Your Criminal Background Check

What do a background bank check prove? Because background checks can reveal highly sensitive information, both employers and chore candidates should understand what is included in each type of background check and how that information can legally exist used.

We answer the most frequently asked questions about what appears on unlike kinds of background checks, including employment background checks, criminal groundwork checks, fingerprint background checks, and Level two background checks.

A quick scan of the background bank check landscape reveals that there are many different types of background checks. Each type of background check uncovers somewhat unlike personal background information. It'southward important for both employers and job candidates to sympathise what kind of data is included in each blazon of background check, and how that information can be used.

Information uncovered in employment background checks is highly sensitive and subject field to strict privacy-protection regulations. The use of background checks in connection with hiring decisions is likewise bailiwick to the federal Fair Credit Reporting Act (FCRA) and requirements specified by the Equal Employment Opportunity Commission (EEOC). The sharing and retention of this information also may be subject area to additional state and local guidelines.

When conducting employment background checks, it's important to select a provider that is an accredited FCRA-compliant consumer reporting bureau (CRA), such as GoodHire.

Illustration of GoodHires personal background check option

Many employers and job candidates desire to know what information is included in a background cheque, so we've compiled answers to the following common questions:

Criminal History

Nearly all background checks include a criminal-history check, based on information supplied past the candidate, including their Social Security number. Criminal background checks will reveal felony and misdemeanor criminal convictions, whatsoever awaiting criminal cases, and whatever history of incarceration every bit an adult. Arrests pending prosecution may likewise be reported. Arrests that did not atomic number 82 to convictions may appear in some background checks; GoodHire excludes them in its screenings to conform to EEOC guidelines.

Records of juvenile convictions and detention that have been sealed past a court typically do non appear in these searches, only all other criminal convictions may appear, unless they occurred in a country that forbids disclosure of convictions later on a certain period of fourth dimension. Disclosure of convictions more than vii years onetime is forbidden in California, Kansas, Massachusetts, Maryland, Montana, New Hampshire, New York and Washington. Hawaii forbids disclosure of convictions after seven years for felonies and 5 years for misdemeanors [updated 9/21/2020]. (Learn more near how far back a background check goes, or see your land's specific background bank check laws.)

Pre-Employment

Pre-employment background checks typically include criminal-background checks, plus verification of information on past employment, teaching, and professional licenses.

Depending on the nature of the chore under consideration, employers may specify that pre-hiring screenings search candidates' driving records. Employers may also crave applicants to submit to drug testing as part of the pre-employment screening process. Pre-employment drug screening is required for many jobs that involve operation of motor vehicles, hazardous or delicate equipment, and/or in any role entailing responsibleness for the prophylactic of the public, customers, or fellow employees. Acquire more in the Complete Guide to Background Checks.

State and federal laws limit some of what can be reported on employment background checks:

If a candidate is under consideration for a job that pays less than $75,000 annually, data on civil judgments, authorities sanctions, and disciplinary measures related to any professional licenseswill notappear in background check results.
Nevertheless, if the bacon for an open position is $75,000 or more, that information may appear in your results, even if information technology'due south older than vii years.

GoodHire's background check platform makes it easy to order reports and review results.

Fingerprint

"Fingerprint background bank check" is something of a catch-all term. As its name indicates, it involves the use of a candidate'due south fingerprints in improver to other personal information to locate historical information. The advantage of a fingerprint search is certainty that all records associated with a given set of prints vest to the individual in question.

The precise nature of a fingerprint search can vary, depending on the type of information requested past the employer and the databases used by the screening company. Typically, a fingerprint cheque involves using the FBI criminal-records database, simply other, smaller Automated Fingerprint Identification Organisation (AFIS) database systems may be searched instead of, or in add-on to, the FBI organization.

FBI

Frequently used to screen candidates for jobs with federal government agencies and companies that work with and for them, an FBI-level groundwork check uncovers whatever and every interaction a candidate may have had with law enforcement agencies that provide their criminal data to the FBI database. In addition to convictions, this may include arrests (even those that did not pb to indictment or conviction), traffic violations, and even parking tickets.

Applicants must submit to fingerprinting by a recognized law enforcement agency, and their prints are checked against the FBI's Integrated Automated Fingerprint Identification System (IAFIS), a vast computerized repository of fingerprints compiled by police enforcement agencies, clearing officials, and even past employment screenings. The IACIS database links personal data to fingerprints collected in both criminal and not-criminal matters.

Fingerprints are too checked against the National Criminal offense Information Center (NCIC) database, a huge compilation of criminal-history information and data on wanted criminals; and against databases of sex offenders and terrorists.

FBI background checks have come under some scrutiny in recent years, on grounds that agency databases are not always complete, and because the records they contain may create disparate impacts in instances involving minority job applicants.

Passing an FBI background check is not the same as obtaining a security clearance. A background bank check may be a beginning stride in the process, but security clearance typically involves a much more extensive enquiry, including interviews with the bailiwick and others who know him or her well.

What does a Level ii groundwork check include?

A Level 2 background bank check is a specialized type of fingerprint background check typically performed on candidates for jobs that involve working with vulnerable persons, such every bit children, people with disabilities, and seniors. Level ii checks are as well often required for volunteer positions at schools, daycares, and senior centers every bit well equally for paid personnel. They are also oftentimes required for adults seeking to adopt or become foster parents.

A Level ii groundwork screen checks applicants against databases of information on arrests, convictions, and incarceration related to fierce beliefs and crimes confronting children and other vulnerable persons. A Level two check will even uncover relevant records that have been sealed by courts, including juvenile convictions and detention.

Table shows what shows up on different types of background checks

More Background Check Result FAQs

Do traffic tickets prove upwards on a groundwork cheque?

It depends. Many CRAs report traffic infractions equally part of the background bank check. Withal, GoodHire does not unless an employer specifically requests a check on your driving tape (every bit they might for jobs that require employ of motor vehicles). If they practise, and then speeding tickets and other driving infractions will announced.

Do DUIs prove up on a background bank check?

Driving under the influence (DUI) is a criminal offense and volition be reported on a criminal background check. If a pre-employment background screening includes a driving record check or motor vehicle record check (MVR), a DUI confidence is likely to appear there every bit well.

To learn more than about DUIs and background checks, see DUIs & Background Checks: What It Means For Employment.

Do misdemeanors show upwardly on a background cheque?

A criminal groundwork check can include misdemeanor criminal convictions, likewise as any pending cases. Misdemeanors are less serious offenses which are typically subject to a potential prison house sentence betwixt 15 days and 1 year in a local prison, or a judgement that doesn't include any jail time but may include fines, probation and/or customs service. Examples of misdemeanors include vandalism, trespassing, public intoxication, and disorderly conduct.

Do arrests show up on a background bank check?

Arrests that did not pb to convictions may appear in some criminal background checks every bit long every bit the filing date of the case is inside the last vii years, every bit allowed by federal and country law. However, GoodHire excludes them in its screenings to arrange to Equal Employment Opportunity Commission (EEOC) guidelines.

Do criminal convictions older than seven years testify up on a groundwork check?

In most states they do. Some states, though, restrict the release of records that are more than seven, or in some cases 10, years in the past. Some states also have restrictions based on the amount of salary the candidate volition earn. Kansas, for instance, restricts the release of records more than seven years old unless the candidate'south salary will exist $20,000 or more annually.

Practise warrants show upwards on a background cheque?

Open up abort warrants (issued when police force enforcement gives evidence that a suspect has committed a crime) and bench warrants (issued for failure to appear for a scheduled court proceeding) generally do not announced as records in background checks. Notwithstanding, once a warrant has been executed, it becomes part of the criminal tape, and its being may be reflected in a criminal background check.

Do dismissed charges testify upwardly on a background check?

Cases resulting in dismissal may appear in some criminal background checks. Sometimes, even if the court has sealed case records, the arrest that led to the case may announced in a criminal background search. Federal EEOC guidelines forbid turning downwardly job candidates on the sole basis of arrests that don't lead to confidence. GoodHire excludes dismissed charges from its groundwork check results.

Do pending charges show up on a background bank check?

If a criminal background check is requested, pending charges can prove up. Notwithstanding, there are states that prohibit pending charges from showing up on background checks. Kentucky prohibits CRAs from reporting pending charges. This applies for all records that come from Kentucky, regardless of where the employer or candidate are located. In Michigan, employers cannot consider awaiting misdemeanors – simply pending felonies.

Do restraining orders show up on a background check?

A restraining lodge (known as an lodge protection in some states) is considered a civil affair. It mostly will not appear in a criminal background check, unless included as a footnote in the sentencing portion of a criminal record, only it may appear in public information databases and websites used by some pre-employment screeners. Violations of these orders are criminal matters, however, and arrests and courtroom cases surrounding them will announced in criminal background checks.

Do bankruptcies testify up on a background bank check?

Bankruptcies practice not appear in results of criminal background checks, and under the Fair Credit Reporting Act (FCRA), bankruptcy filings cannot be reported in pre-employment screenings one time they are 10 years erstwhile. Because they are a affair of public record, bankruptcies are mostly easy to find. Filings more ten years old may appear in not-FCRA compliant background checks.

Exercise expunged or sealed records show upwards on a groundwork check?

When a court expunges a conviction or trial record, the case files are sealed off from public access, and the bedevilled party or defendant does not have to disclose the case when asked almost their criminal history. Sealed cases are non eligible for disclosure in most pre-employment groundwork checks. If at that place is a significant fourth dimension delay between the resolution of a instance and the determination to expunge information technology, its records may go along to appear in criminal-background database searches until records are updated to reverberate the expungement. The existence of expunged convictions that involve mistreatment of children or other vulnerable individuals may be legally reported in Level ii background checks, though unsealing the details of those records typically requires a court order.

What will testify up on your background check?

The contents of background check reports can vary considerably, depending on the nature of information required by the employer, and the number and quality of the information resource used by the screening visitor. The best style to ensure a check complies with federal and local regulations is to piece of work with an FCRA-compliant background check provider, such as GoodHire. And the best way to encounter what will appear on your FCRA-compliant groundwork check is to run ane on yourself.

Disclaimer

The resources provided here are for educational purposes but and practice non constitute legal advice. We suggest you to consult your own counsel if you take legal questions related to your specific practices and compliance with applicable laws.

Nearly the Author

Jim Akin is a Connecticut-based freelance writer and editor with experience in employee relations, media relations, and social-media outreach. He has produced content and managed internal communications, business-to-business outreach, and consumer-focused campaigns for clients including Experian, VantageScore Solutions, Pitney Bowes, Medtronic, Microsoft, and Coca-Cola.