Understanding Criminal History Checks
A criminal history check, often referred to as a background check, is a process used to investigate an individual's criminal record. Various organizations, including employers, landlords, and licensing agencies, may conduct these checks to assess an individual's suitability for a specific role or responsibility. The information retrieved during a criminal history check can vary depending on the type of check performed and the jurisdiction in which it is conducted.
Types of Criminal History Checks
There are several types of criminal history checks, each offering different levels of detail and specific kinds of information:
- National Criminal Background Checks: These checks search databases across the country for criminal records, including felonies and misdemeanors.
- State Criminal Background Checks: These checks focus on an individual's criminal records within a specific state, accessing state databases and court records.
- County Criminal Background Checks: These are more localized checks that investigate criminal records at the county level, often providing the most detailed and accurate information.
- Federal Criminal Background Checks: These checks look for federal criminal records, which include serious offenses like drug trafficking and white-collar crimes.
What Information Appears on a Criminal History Check?
The specific information that appears on a criminal history check may differ based on the type of check conducted and the laws governing privacy and disclosure in the relevant jurisdiction. However, there are common elements that individuals can expect to see.
Criminal Convictions
One of the most significant pieces of information that shows up on a criminal history check is any recorded criminal convictions. This may include:
- Felonies: Serious offenses that can result in imprisonment for more than one year, such as murder, robbery, or sexual assault.
- Misdemeanors: Less severe offenses that can lead to imprisonment for up to one year, like petty theft or simple assault.
- Infractions: Minor violations, often punishable by fines rather than jail time, such as traffic violations.
Arrests and Charges
In addition to convictions, a criminal history check may also reveal any arrests or charges, even if they did not lead to a conviction. This can include:
- Pending charges that have not yet gone to trial.
- Dismissed charges or arrests that did not result in a conviction.
- Details of the arrest, including the date, location, and nature of the alleged offense.
Sex Offender Registry
For certain positions, particularly those involving children or vulnerable populations, a criminal history check may include an examination of the sex offender registry. This registry contains information about individuals who have been convicted of sex crimes and includes:
- Name and aliases
- Address and location of residence
- Nature of the offense
- Date of conviction
Warrants and Court Records
Criminal history checks may also include information about outstanding warrants and court records. This can provide insight into any legal issues an individual may be facing, such as:
- Active warrants for arrest
- Pending court cases
- Details of court proceedings, including outcomes
Factors Influencing What Shows Up
Several factors can influence what information is available on a criminal history check:
Timeframe
The age of the offense can play a significant role in whether it appears on a criminal history check. In many jurisdictions, certain offenses may be expunged or sealed after a specific period, meaning they won't show up on a background check. This can vary widely depending on local laws.
Jurisdiction
Laws regarding what information can be accessed and reported vary by state and locality. Some jurisdictions have stricter rules about what can appear on a criminal history check, particularly concerning minor offenses and arrests that did not lead to convictions.
Type of Check Requested
The depth of the background check can also influence what shows up. Employers or organizations can request different levels of checks, from basic to comprehensive, affecting how much information is retrieved.
How to Prepare for a Criminal History Check
If you are concerned about what may appear on your criminal history check, there are steps you can take to prepare:
Obtain Your Own Background Check
Before undergoing a background check for employment or housing, consider ordering your own criminal history check. This allows you to see what information is available and address any discrepancies or issues.
Correct Errors
If you discover inaccuracies in your criminal history report, you have the right to dispute them. Contact the reporting agency to correct any errors or provide documentation that proves your case.
Understand Your Rights
Familiarize yourself with your rights regarding background checks. The Fair Credit Reporting Act (FCRA) governs how background checks should be conducted and how information can be used, offering protections against discrimination based on inaccurate or outdated information.
Conclusion
Understanding what shows up on a criminal history check is essential for anyone navigating potential employment or housing opportunities. With knowledge of the types of information included, the factors that influence what appears, and how to prepare for a check, individuals can better manage their personal and professional lives. Whether it’s addressing past issues or clarifying misunderstandings, being proactive about your criminal history can help pave the way for a brighter future.
Frequently Asked Questions
What types of offenses are typically included in a criminal history check?
Criminal history checks generally include felonies, misdemeanors, and sometimes infractions. This can encompass various offenses such as theft, assault, drug-related crimes, and more.
Do criminal history checks include arrests that did not lead to convictions?
Yes, many criminal history checks include arrests, even if they did not result in a conviction. However, the specific details can vary by jurisdiction.
How far back do criminal history checks typically go?
The time frame for criminal history checks can vary by state and the type of check being conducted, but they often go back 7 to 10 years, and some checks may review records beyond that period.
Are sealed or expunged records visible in a criminal history check?
In most cases, sealed or expunged records are not visible in a criminal history check. However, the laws governing this can vary by state.
Can a criminal history check reveal civil judgments or bankruptcies?
Generally, criminal history checks focus on criminal offenses and may not include civil judgments or bankruptcies. However, some comprehensive background checks might include these financial records.
What is the difference between a state and federal criminal history check?
A state criminal history check reviews records within a specific state, while a federal criminal history check looks at national records, including federal offenses. Each serves different purposes depending on the context of the check.
