What Is a Criminal Background Check? Your Complete Guide
Cindy Ellis - January 31, 2023
Criminal background checks are an often-required report that employers use as part of the screening process for job applicants. These reports can be anxiety-inducing for many, even those who know they don’t have criminal offenses on their history report, due to the time and authorization requests that are typically a part of submitting one of these reports.
Our article aims to help you put these worries to rest by giving you essential information on what a criminal background check is, why they are beneficial, and answering other important questions about this type of background history report.
Why Are Criminal Background Checks Used?
Criminal background checks are used by employers or other individuals to ensure that the person applying for an opportunity is who they say they are, that the person won’t interfere with the safety of the workplace, and to identify any potential offenses that might need to be noted.
This is done to help protect employers, employees, and the company’s reputation, and it might even be legally mandated that employers run these checks as part of the hiring process.
Jobs that you can almost always expect to require a criminal background check include federal or government-level jobs, jobs that work with security services, or jobs in healthcare and those that work with vulnerable populations.
Benefits of Completing a Criminal Background Check
Both individuals and employers can benefit from running criminal background checks. For yourself, the benefit of reviewing your own criminal background report is the ability to double-check information about yourself, evaluate items that are incorrect and might need changing, and stay informed of any notable items that you might need to disclose to employers ahead of time.
It always helps to be up-front with any items on your criminal background check report that might give potential employers pause, as honesty and explanations of context typically work in your favor.
For employers, the benefits of completing criminal background checks, in addition to meeting legal requirements in some situations, is ensuring that an employee is who they claim to be, that the person is likely to be a safe hire, and that the individual in question is well-suited for the job or opportunity that they are applying for.
Information Found on a Criminal Background Check
A variety of personal information and criminal offenses may be found on a criminal background check report depending on the type of offense and specific state disclosure laws. Below, we give information that is almost always visible in these reports.
- Criminal convictions, such as felonies or misdemeanors
- Sentencing information such as probation or parole history, or information about prison or jail time served
- Arrest records
- Ongoing criminal cases
- Civil issues such as lawsuits
- DUIs or other traffic violations that resulted in a court case or conviction
Keep in mind that court records that have been expunged on otherwise sealed will not be visible to employers or other individuals who request your criminal background check report – these records are only visible in certain legal situations or to certain law enforcement professionals, depending on state laws and disclosure requirements.
The Criminal Background Check Process
Understanding more about the criminal background check process can help to put you at ease when it comes to submitting one of these reports.
Though the exact process might vary depending on your employer and your state’s disclosure and authorization requirements, you can expect to progress through many of the steps below.
- Authorization and acknowledgment that a criminal background check report is going to be generated as part of the hiring process is an essential first step. Most states have laws that require you to authorize another individual before they can access your background information.
- The individual requesting your criminal background check will most likely need to inform you what they are looking for and the general scope of their review. This information is typically included as part of the authorization that you must agree to before a report can be pulled.
- The criminal background check is generated, either by the individual requesting the report by contacting a third-party agency or you ordering the report yourself and submitting it to the individual.
- The criminal background check report is reviewed, information is compared to the information you listed on your application, and any potential items that require further context or discussion are noted.
- You are informed of what the employer found, whether or not you passed the criminal background check, or asked to provide further context into items that are discovered on the criminal background check report. This also might be the time in which you are informed whether or not you are disqualified from the hiring process, depending on the results of your application and criminal background check report.
- The individual requesting your criminal background check report will keep this information, their review of your report, and the results of your application in a secured file for future notation or filing purposes.
Make sure you check with your potential employer or other agency about what you can expect during the criminal background check process so you aren’t caught off-guard by any part of the process.
It’s also important to keep in mind that it is illegal to be turned away from a job based on information that they discover about you such as religion, gender, pregnancy status, political identity, or sexual orientation, among several other things.
If you believe this has happened to you after a criminal background check has been performed, the best thing you can do is try to collect evidence of this and contact a legal professional specializing in employment and hiring law for your state.
What Is the Turnaround Time for a Criminal Background Check?
A criminal background check can take anywhere from a day or two up to a week. How long a report takes to generate depends on the agency running the report, whether or not a multi-state search is required, and if federal or international offenses need to be looked into.
An individual that has used multiple names throughout their life or one that has committed criminal offenses in multiple counties might also have a report that takes longer to generate. More in-depth criminal background checks will typically take longer to complete.
How Much Do Criminal Background Checks Cost?
The cost of a criminal background check varies on the agency completing the report, if there are any access fees associated with generating the criminal background check, and how in-depth the report needs to be. In most cases, you can expect to pay between $10 and $70 for a complete criminal background check report.
Keep in mind that sometimes employers or the agency requiring you to submit a criminal background check might pay this fee. Make sure that you check with the individuals in charge of hiring to understand what is expected of you to complete the criminal background check process.
Can I Perform a Criminal Background Check on Myself?
It is possible to perform a criminal background check on yourself, and this might even be beneficial if you want to double-check your personal information and look for any errors or stay informed of what the report shows.
For this process, it’s easiest to use an online search tool where you can input your name and location. The report that comes back will be pulled from public records and should show you all of the important information you need to review.
What Red Flags Do People Look For on a Criminal Background Check?
Employers and other individuals generally have a set of red flags or notable items that they look for when conducting a criminal background check. This includes items such as criminal offenses that weren’t previously reported, inaccurate identity information, or items that might stop the individual from accurately performing their job functions.
Of course, certain red flags will change depending on the employer’s or company’s requirements, which is why it is important to double-check what the individual is looking for when they run your report so you can stay informed of which important information is being reviewed.
Will a Criminal Record Stop Me From Being Hired?
Something that many individuals worry about is whether or not possessing a criminal record will stop them from obtaining employment. This type of record may disqualify you from some types of jobs depending on company policies or certain federal laws, but it doesn’t mean that you will be stopped from obtaining any type of employment.
As long as you are up-front about your criminal history and make an effort to provide context into any criminal offenses, you are likely to still be given a fair chance at employment.
Additionally, many states are introducing fair hiring practices and laws that stop the automatic disqualification of individuals based on the fact that they have a criminal record. These laws are typically referred to as “ban the box” laws, and they encourage more equal hiring practices for those with criminal offenses listed on their background report.
Staying Aware of Your Criminal Background History
Staying aware of your criminal background history is an essential part of submitting a criminal background check for review and ensuring that all of your background histories are up to date. Performing a criminal records search on yourself via an online tool or through manually searching records is a great way to do this.
Additionally, speaking with potential employers about their criminal background check process, being up-front about any potential issues on your report, and knowing what is expected of you during a criminal background check can also put your worries about this process firmly to rest.
