What Shows Up on a Criminal Background Check?

Background checks are used for jobs, rentals, licenses and volunteering. What they reveal depends on who runs the check and which laws apply.

What can appear

• Convictions, felony and misdemeanor
• Pending charges
• Arrests that did not lead to conviction, subject to time limits
• Sex offender registry status
• Some traffic offenses, especially DUI, on motor vehicle record checks

The federal 7-year rule

The Fair Credit Reporting Act limits what consumer reporting agencies can report. Arrest records and other adverse items that did not end in a conviction generally cannot be reported if they are more than seven years old, but records of convictions are not subject to that limit (15 U.S.C. 1681c). The limits do not apply when the job pays $75,000 or more a year.

Some states restrict reporting of older convictions or non-conviction records further.

Your rights during an employment check

Under the FCRA (FTC):

• The employer must get your written permission before ordering a background report from a screening company.
• If the employer may reject you based on the report, it must first give you a copy and a summary of your rights.
• You can dispute inaccurate or incomplete information with the screening company, which must investigate.

Many states and cities also have "ban the box" or fair chance laws that delay criminal history questions until later in hiring.

Sealed and expunged records

Once a record is sealed or expunged, it should not appear on most private background checks. Errors happen when companies use old data; dispute them with a copy of your court order. See what happens after expungement.

Juvenile records

Many states keep juvenile records confidential or seal them automatically, but serious offenses can be an exception. See juvenile charges.

Government and fingerprint checks

FBI fingerprint-based checks used for certain licenses, government jobs and immigration are not consumer reports and may include records a private check would not.

Run your own check

Before a job search, consider getting your state criminal record and an FBI identity history summary, so you know what employers may see and can fix errors. A criminal defense lawyer can help with sealing eligibility.

Sources

1. Cornell Law School LII: 15 U.S.C. 1681c, Requirements relating to information contained in consumer reports
2. Federal Trade Commission: Background checks, what job applicants and employees should know
3. Cornell Law School LII: 15 U.S.C. 1681b, Permissible purposes of consumer reports