A criminal background check is a comprehensive search that allows employers, landlords, and law enforcement agencies to determine if a person has any prior criminal convictions. With the ever-increasing need for public safety and security, a criminal background check has become a common procedure in various settings, including employment, housing, and even where firearms licensing is involved.
The scope of a criminal background check varies depending on the purpose of the check. For instance, an employer may only want to check for any prior criminal history related to the job they intend to hire for, while a landlord may want to know if a prospective tenant has had any previous eviction orders or any other prior legal issues.
So, what criminal records are typically included in a criminal background check? Let's take a deep dive.
Criminal Conviction Records
A criminal conviction record is the most common type of criminal record checked in a criminal background check. This type of criminal record shows whether a person has been found guilty of any criminal offenses and the nature of the crime. This includes both misdemeanor and felony convictions.
Misdemeanor convictions are less serious criminal offenses that carry a maximum penalty of one year in jail. They include crimes such as minor drug offenses, petty theft, and disorderly conduct. On the other hand, felony convictions are more serious crimes that carry a penalty of at least one year in prison. Felonies include violent crimes, sex offenses, and major drug offenses, among others.
Arrest Records
An arrest record is a record of being taken into custody by law enforcement officials for an alleged crime. Arrest records do not necessarily mean that a person has been convicted of a crime. For instance, a person may have been wrongly arrested and later released or found not guilty of the crime. However, having an arrest record can still have serious negative consequences, including the loss of job opportunities, housing, and even social stigma.
In some states, employers are prohibited from considering arrest records when making hiring decisions. However, some states allow employers to consider arrest records but only if the arrest is relevant to the job.
Sex Offender Registry
A sex offender registry is a database of individuals who have been convicted of sex-related crimes. A registered sex offender must notify law enforcement officials of their whereabouts regularly. Their records are then made available to the public. In a criminal background check, a sex offender registry check is usually conducted to determine if a person has been convicted of a sex-related crime and is a registered sex offender.
Driving Records
A driving record is a document that shows a person's driving history. A driving record can reveal any traffic violations, including DUIs, reckless driving, and other motor vehicle offenses. A driving record can also show license suspensions and revocations.
Credit History
A credit history check is sometimes included in a criminal background check, particularly in employment settings. A credit history check shows a person's credit score and any outstanding debts they may have. This type of check is usually conducted in employment settings where the job requires handling finances or access to sensitive information.
Conclusion
In conclusion, a criminal background check encompasses a wide range of criminal records. The most common records searched include criminal convictions, arrest records, sex offender registries, driving records, and credit histories. Depending on the purpose of the background check, other records may be checked as well. In any case, conducting a criminal background check is crucial in maintaining public safety and security. Despite their importance, it's essential to ensure that background checks are conducted in compliance with state and federal laws to avoid discrimination and other legal issues.
