Criminal Background Check: What Shows Up and How to Run One

What Is a Criminal Background Check?

A criminal background check is a systematic review of a person's criminal history through official government records. These checks search databases maintained by law enforcement agencies, courts, correctional facilities, and sex offender registries to uncover arrests, convictions, incarcerations, and other criminal activity.

Unlike informal searches or social media reviews, legitimate criminal background checks pull data from official sources including county courthouses, state repositories, and federal databases. The depth and scope of information varies based on the type of check performed and which jurisdictions are searched.

What Shows Up on a Criminal Background Check?

Criminal background checks can reveal multiple types of records depending on the search parameters and data sources accessed. Understanding what appears-and what doesn't-is critical whether you're screening candidates, vetting business partners, or checking your own record.

Felony Convictions

Felony convictions represent the most serious category of crimes and almost always appear on background checks. These include violent crimes, major theft, drug trafficking, fraud, and other offenses punishable by more than one year in prison. Felonies remain on record indefinitely in most jurisdictions unless expunged through legal proceedings.

Misdemeanor Convictions

Misdemeanors are less serious offenses typically punishable by fines or jail time under one year. Common examples include petty theft, simple assault, DUI, disorderly conduct, and trespassing. While less severe than felonies, misdemeanors still appear on most comprehensive background checks and can impact employment decisions, particularly in fields requiring licenses or security clearances.

Arrest Records

Arrests appear on many background checks even when they don't result in convictions. This creates challenges for individuals who were arrested but never charged, or whose charges were dropped or dismissed. Some states limit how arrest records can be used in employment decisions, but the records themselves often remain accessible through criminal databases.

Pending Charges

Active criminal cases and pending charges typically appear on background checks. These indicate that criminal proceedings are underway but haven't reached resolution. Employers must carefully consider how to handle pending charges, as the presumption of innocence applies until conviction.

Incarceration Records

Correctional facility records show periods of incarceration in jails, prisons, and detention centers. These records include admission dates, release dates, and the offenses for which the person was incarcerated. Our Criminal Records Search tool provides access to corrections records nationwide, making it easy to verify incarceration history across multiple jurisdictions.

Sex Offender Registry Status

Sex offender registries are publicly accessible databases maintained by states following federal guidelines under Megan's Law and the Adam Walsh Act. Registered sex offenders appear in these databases with details about their offenses, risk levels, current addresses, and registration requirements. These records are permanent for many offenders and represent some of the most serious concerns in background screening.

Court Records

Court records provide detailed information about criminal cases including charges filed, plea agreements, trial outcomes, sentencing, probation terms, and appeals. These records offer more context than simple conviction reports and are essential for understanding the full scope of someone's criminal history.

What Doesn't Appear on Criminal Background Checks

It's equally important to understand what criminal background checks don't reveal. Sealed or expunged records are legally removed from most accessible databases, though the process and effectiveness vary by state. Juvenile records are typically sealed when the offender reaches adulthood, with exceptions for serious violent crimes.

Records from foreign countries rarely appear on standard U.S. criminal background checks unless the person was prosecuted in U.S. courts or the offense was serious enough to trigger international law enforcement cooperation. Traffic violations and civil infractions generally don't appear unless they involved criminal charges like DUI or reckless endangerment.

Types of Criminal Background Checks

Different situations call for different levels of screening. Understanding the types of checks available helps you select the appropriate search for your needs.

County Criminal Records Search

County-level searches examine court records in specific counties where a person has lived, worked, or attended school. These searches provide the most detailed and up-to-date information because most criminal cases are prosecuted at the county level. However, they require knowing which counties to search and checking each individually.

State Criminal Repository Search

State repositories aggregate criminal records from counties throughout the state. These databases offer broader coverage than single-county searches but may have delays in updating and sometimes miss recent arrests or convictions that haven't been reported to the central repository.

Federal Criminal Records

Federal background checks search records from U.S. District Courts where federal crimes are prosecuted. These include offenses like interstate drug trafficking, federal weapons violations, tax evasion, immigration crimes, and offenses on federal property. Federal records are separate from state systems and must be searched independently.

National Criminal Database Searches

National databases compile records from multiple sources to provide broad geographic coverage in a single search. These databases pull from state repositories, county courts, corrections facilities, and sex offender registries. While convenient, they may have gaps or delays compared to direct county-level searches. The Criminal Records Search tool we offer at Galadon provides nationwide coverage across sex offender registries, corrections records, arrest records, and court records.

How to Run a Criminal Background Check

Running a criminal background check involves several approaches depending on your relationship to the subject and your intended use of the information.

Professional Background Check Services

Employment screening companies like Sterling, HireRight, and Checkr provide comprehensive background checks compliant with Fair Credit Reporting Act (FCRA) requirements. These services are essential for pre-employment screening because they ensure legal compliance and provide dispute resolution processes. Costs typically range from $30 to $100 per check depending on the scope and turnaround time.

Professional services verify identities using Social Security numbers, search relevant jurisdictions based on address history, and provide formatted reports suitable for employment decisions. They also handle the required disclosure and authorization processes mandated by FCRA.

Direct Government Database Searches

Many criminal records are accessible directly through government websites. State court systems often provide online access to case records, though coverage and ease of use vary significantly. Some states offer free searches while others charge per-record fees.

The National Sex Offender Public Website (NSOPW) provides free nationwide searches across all state sex offender registries. County clerk websites frequently offer searchable criminal court records, though you must search each county individually. Federal court records are accessible through PACER (Public Access to Court Electronic Records), which charges $0.10 per page with fee caps.

Free Criminal Records Search Tools

For quick verification or preliminary screening, free tools provide convenient access to compiled criminal databases. Galadon's Criminal Records Search lets you search sex offender registries, corrections records, arrest records, and court records nationwide without fees. This is particularly useful for personal safety research, tenant screening, or initial candidate reviews before ordering comprehensive employment background checks.

Free tools excel at identifying red flags and providing general awareness but shouldn't replace FCRA-compliant background checks for employment decisions. They're ideal for situations where you need quick information without legal restrictions on how you can use the data.

Legal Considerations When Running Background Checks

Criminal background checks are heavily regulated to protect individual rights and prevent discrimination. Violating these regulations can result in lawsuits, penalties, and legal liability.

Fair Credit Reporting Act (FCRA) Compliance

The FCRA governs how background checks can be conducted and used for employment, rental housing, credit, and insurance decisions. If you're using background check information for these purposes, you must provide written disclosure to the subject, obtain their written authorization, and follow specific procedures if you take adverse action based on the results.

Consumer reporting agencies conducting background checks must maintain reasonable procedures to ensure maximum possible accuracy and cannot report most arrests or convictions older than seven years for most employment purposes. Some states have stricter limitations.

Ban the Box Laws

Many states and cities have enacted "ban the box" legislation that prohibits employers from asking about criminal history on initial job applications. These laws aim to give applicants with criminal records a fair chance by delaying background checks until later in the hiring process. Requirements vary by location but generally require employers to conduct individualized assessments before denying employment based on criminal history.

Equal Employment Opportunity Commission (EEOC) Guidelines

The EEOC provides guidance on avoiding discriminatory use of criminal records in employment. Simply having a blanket policy against hiring anyone with a criminal record can result in disparate impact discrimination. Employers should consider the nature of the crime, how long ago it occurred, and its relevance to the specific job.

How Long Do Criminal Records Last?

Criminal records typically remain permanently accessible unless legally expunged or sealed. However, reporting restrictions affect how long these records can be used for certain purposes.

Under federal FCRA rules, most criminal convictions cannot be reported for employment purposes after seven years, though this doesn't apply to positions with salaries over $75,000. Arrests that didn't result in convictions generally cannot be reported after seven years. However, these are reporting restrictions on consumer reporting agencies, not deletions from actual criminal databases.

Some states have different timeframes or no restrictions at all. California, for example, limits reporting of most convictions to seven years regardless of salary level. Texas has no time limits for reporting criminal convictions.

Expungement and Record Sealing

Expungement is the legal process of destroying or sealing criminal records so they don't appear in background checks. Eligibility requirements vary by state but generally require waiting periods after completing sentences, maintaining clean records since the offense, and petitioning the court for relief.

Some records are easier to expunge than others. First-time non-violent misdemeanors may qualify for expungement in many jurisdictions, while serious felonies rarely do. Several states have enacted clean slate laws that automatically seal certain records after specified time periods without requiring individuals to petition.

Even expunged records may remain accessible to certain government agencies and law enforcement. They typically don't appear on background checks accessible to private employers or the general public, though FBI background checks for sensitive positions may still reveal them.

Common Reasons People Run Criminal Background Checks

Understanding why background checks are conducted helps clarify what level of screening is appropriate for different situations.

Pre-Employment Screening

Employers conduct criminal background checks to assess risk, ensure workplace safety, and verify candidate honesty. Industries involving vulnerable populations (healthcare, education, childcare), financial services, and positions with security responsibilities almost always require comprehensive background screening. Even small businesses increasingly conduct basic criminal checks to reduce negligent hiring liability.

Tenant Screening

Landlords and property managers check criminal histories to evaluate risk and protect other tenants. Violent crimes, sex offenses, and drug-related convictions are common disqualifiers. However, fair housing laws prohibit blanket policies that disproportionately impact protected classes, requiring individualized assessment of criminal records in rental decisions.

Online Dating and Personal Safety

People increasingly run background checks on potential romantic partners met online. While this practice raises privacy concerns, safety considerations often outweigh them, particularly regarding sex offender registry searches. These personal safety checks don't have the same legal restrictions as employment or rental screening since they're not used for regulated decisions.

Volunteer Organizations

Organizations working with children, elderly individuals, or vulnerable populations routinely conduct background checks on volunteers. Youth sports leagues, religious institutions, and nonprofit organizations have legal and ethical obligations to ensure volunteers don't pose safety risks.

Business Partnerships and Investments

Before entering business relationships or making significant investments, conducting due diligence on potential partners is prudent. Criminal histories involving fraud, embezzlement, or other financial crimes are particularly relevant when entrusting someone with business responsibilities or capital.

How to Check Your Own Criminal Record

Checking your own criminal record before someone else does allows you to identify errors, understand what appears, and prepare explanations for any issues.

Request your FBI criminal history through the Identity History Summary Check, which provides your federal criminal record based on fingerprints. This costs $18 and takes several weeks. State repositories also provide personal record checks, with processes and fees varying by state.

You can also conduct self-searches using the same tools others might use. Run your name through free criminal records databases, search county court records where you've lived, and check sex offender registries. This reveals what public searches will find. For instance, using Galadon's free tool provides the same search results others would see when checking your name.

If you find errors, you can petition courts to correct inaccuracies or pursue expungement if you qualify. Addressing record issues proactively is far better than having them discovered during time-sensitive opportunities like job offers.

Alternatives and Complementary Searches

Criminal background checks are just one component of comprehensive due diligence. Complementary searches provide fuller pictures of individuals and organizations.

For employment screening, verifying education credentials, professional licenses, and employment history is essential alongside criminal checks. The Background Checker tool we offer provides comprehensive background reports with trust scores that go beyond just criminal records.

When vetting business contacts or potential clients, searching for civil litigation history reveals lawsuits, judgments, liens, and bankruptcies that won't appear in criminal databases. Professional license verification confirms credentials and uncovers disciplinary actions.

For personal safety situations, social media research and reverse phone lookups provide additional context. Identity verification ensures the person is who they claim to be before investing time or emotional energy.

Conducting Effective Criminal Background Checks

Running effective background checks requires balancing thoroughness with efficiency, legal compliance with practical needs, and security concerns with fairness.

Start with clear criteria for what you're looking for and why. This focuses your search and ensures you can articulate legitimate reasons for any decisions based on findings. Search jurisdictions where the person has lived, worked, and attended school for the most complete results.

Verify identity carefully before trusting results. Common names produce multiple results that may belong to different people. Confirm matches using dates of birth, middle names, and addresses when available.

Always give individuals opportunity to explain findings before making final decisions. Errors occur in criminal databases, and context matters. Someone convicted of a minor offense decades ago is different from someone with recent serious charges.

Stay current on legal requirements in your jurisdiction. Background check regulations change frequently, and non-compliance can be costly. When in doubt, consult legal counsel or use professional screening services that assume compliance liability.

Criminal background checks are powerful tools for safety, security, and informed decision-making. Whether you're hiring employees, screening tenants, or conducting personal safety research, understanding how these checks work and what they reveal ensures you use them effectively and legally.