What Is a Criminal Background Check and How Is It Conducted?

A criminal background check is a process of screening an individual’s criminal history, personal, and professional information against public records maintained by law enforcement, courts, and government agencies. Typically, an employer or an authorized entity can request a criminal background check to verify a person’s suitability for employment, tenancy, education, licensing, or other purposes.

The purpose of a criminal background check is to identify any criminal convictions, charges, or pending cases that could pose a risk to others’ safety or interests. Depending on the type and scope of the check, it can reveal information about a person’s criminal record, such as the arrest date, charges, case status, sentencing, and incarceration history.

Conducting a criminal background check involves collecting and analyzing various types of public records, such as criminal court records, arrest records, warrants, sex offender registries, and driving records. Depending on the jurisdiction and laws governing criminal records, the data may be available online, through a public records request, or from a third-party screening company that specializes in background checks.

Here is an overview of the steps involved in conducting a criminal background check:

1. Identifying the individual to be screened
Before conducting a criminal background check, the requesting party must confirm the identity of the person to be screened and obtain their consent to the check. This typically involves collecting personal information, such as the name, date of birth, address, and social security number, and verifying it against legal documents, such as a driver’s license or passport.

2. Choosing the type and scope of the check
The requesting party must also determine the purpose and scope of the criminal background check to comply with legal requirements and avoid discrimination. For example, some states prohibit employers from asking about arrests or convictions that are more than seven years old, while others allow them to consider any felony or misdemeanor charge.

The type and scope of the check can vary depending on the job role, industry, state, and federal law. For example, a healthcare provider may need a more extensive background check that includes a drug test, fingerprinting, and education verification, while an office worker may only require a basic criminal history check that shows any felonies or misdemeanors.

3. Requesting and accessing public records
Once the type and scope of the check have been determined, the requesting party can start collecting public records from various sources. This can be done manually by visiting courthouses, police departments, and other government agencies or electronically by using online databases and subscription services.

Some common types of public records that are used in a criminal background check are:

- Court records: Court records document a person’s criminal case history, including the charges, plea or verdict, sentencing, and probation or parole status. They are usually kept by the state or county where the case was adjudicated and can be accessed through the court’s website or public access terminal.
- Arrest records: Arrest records show whether a person has been arrested, but not necessarily convicted, for a crime. They may contain information about the arrest date, charges, bail amount, and any warrant or order related to the case. Arrest records may be obtained from the police department or sheriff’s office where the arrest occurred, or from a state or federal agency that maintains such records.
- Sex offender registries: Sex offender registries list the names, addresses, and criminal history of people who have been convicted of certain sex crimes. They are usually maintained by each state’s law enforcement agency and may be searchable online.
- Driving records: Driving records show a person’s motor vehicle-related offenses, such as DUI, reckless driving, and traffic violations, if any. They are usually kept by the state’s Department of Motor Vehicles and can be accessed online or by mail.

4. Analyzing and verifying the information
Once the public records have been obtained, the screening company or the requesting party must analyze the information and verify its accuracy. This involves comparing the data from various sources and checking for inconsistencies or errors.

If any criminal records are found, the requesting party must evaluate the risk and decide whether to proceed with the employment or other decision. Some factors that may influence the decision are the type and severity of the offense, the time passed since the conviction, and the person’s rehabilitation and character references.

Conclusion

In summary, a criminal background check is a vital tool for employers, landlords, schools, and other entities to verify a person’s criminal record and assess their suitability for their intended purpose. The process involves collecting and analyzing various public records, such as court records, arrest records, sex offender registries, and driving records, to identify any past criminal activity or pending cases.

Conducting a criminal background check requires compliance with legal requirements, such as obtaining the person's consent and avoiding discrimination based on race, gender, religion, or other protected categories. It also involves handling sensitive personal information with confidentiality and accuracy to protect the person’s rights and privacy.