What is a criminal background check?

A criminal background check typically compiles information from court records, state repositories, national databases, and sometimes sex-offender registries. Depending on the type of check, it may include convictions, certain arrests, warrants, and incarceration history. Some checks use fingerprint-based searches (FBI) for more comprehensive national coverage, while others rely on name-based database queries with varying completeness.

These checks do not always capture expunged, sealed, or juvenile records, and availability varies by jurisdiction. Accuracy depends on data sources and update frequency, so results can be incomplete or contain errors. Consumers and requesters should be aware of these limitations and consider supplementary verification when decisions hinge on the report.

How do background checks affect employment decisions?

Employers often use background checks to assess whether a candidate’s history is relevant to a specific role. Factors considered usually include the nature of offenses, time elapsed since an incident, and the role’s responsibilities (for example, positions involving finances or vulnerable populations). Many jurisdictions and employers follow guidance to avoid blanket bans based solely on criminal history, focusing instead on individualized assessments.

Federal and state laws may restrict how and when employers can use criminal records in hiring. The Fair Credit Reporting Act (FCRA) governs the use of third-party consumer reports for employment screening in the United States, requiring consent, accuracy, and procedures for adverse-action notices if an employer relies on a report to deny employment.

What safety information do background checks provide?

Background checks contribute to workplace and community safety by identifying convictions that could pose direct risks, such as violent offenses, certain sexual offenses, or fraud. Screening can be one element of a broader risk management strategy that includes reference checks, skills verification, and ongoing monitoring for safety-sensitive roles.

However, background checks are not foolproof predictors of future behavior. They should be used alongside training, supervision, and clear policies. Organizations should balance safety concerns with fairness, avoiding discriminatory practices and considering rehabilitation and relevance when interpreting past conduct.

What legal rules govern background checks?

Legal rules vary by country and region. In many places, data protection, employment, and consumer-reporting laws set limits on collection, retention, disclosure, and use of criminal-record information. Common legal requirements include obtaining informed consent, providing applicants with a copy of the report on request, and allowing them to dispute inaccuracies.

Certain laws also limit questions on job applications (for example, “Ban the Box” policies that delay criminal-history inquiries until later in the hiring process). Sealing and expungement statutes may restrict the use of records that have been legally cleared. Because statutes differ, organizations and individuals should consult local regulations or legal counsel for specific obligations.

How to request a criminal background check in your area

Individuals can request their own criminal records from court clerks, state repositories, or national agencies like the FBI (via fingerprint submissions in the U.S.). Many jurisdictions offer online access to certain public records through court portals or police departments. Employers typically obtain consent and use either in-house checks through public records or third-party consumer reporting agencies that aggregate data.

When using private screening services, verify the vendor’s compliance with applicable laws (for example, FCRA compliance in the U.S.) and ask about data sources, update frequency, and dispute procedures. If a report contains errors, follow the provider’s correction process and consider contacting the original record holder (court or agency) to seek official amendments.

Common consumer steps and applicant rights

If you expect a background check, review your own records proactively to identify and correct mistakes. You can obtain copies of reports used in employment decisions and dispute incorrect entries with the reporting agency. If an employer plans to take adverse action based on a report, they generally must provide a pre-adverse-action disclosure and allow time for the applicant to respond with clarifying information.

Sealing, expungement, and record-correction processes exist in many jurisdictions; timelines and eligibility vary. Keep documentation of communications and decisions related to disputes. Remember that background checks are only one factor in decision-making and that legal protections may limit how certain records are used.

Conclusion

Criminal background checks are tools that summarize past interactions with the criminal justice system and can inform decisions about employment, housing, and safety. Their usefulness depends on data quality, legal constraints, and the relevance of records to the specific role or situation. Both organizations and individuals benefit from understanding the scope, limits, and rights associated with these checks to promote fair and lawful outcomes.