A criminal background check, as used in hiring, is a search of court files and state records for convictions, open cases and, in some reports, recent arrests tied to your name and date of birth. Most employers order it after a conditional offer, through a background screening company. The company is called a consumer reporting agency, and federal law sets rules for how it reports you and how the employer uses the result.
I have read hundreds of these reports from the hiring side. Most come back with nothing that needs a second look. When something does show, the outcome usually depends on what the record is for, when it happened, and the work you would do. This page walks through all of it, in plain words.
Quick answers
What it is
A search of county, state and federal court records, plus registries, for criminal history.What usually shows
Felony and misdemeanor convictions, pending cases, and sometimes arrests from the last 7 years.Your permission
The employer needs your written consent on a separate form first.Time limit
Convictions have no federal time limit. Non conviction items stop after about 7 years for most jobs.Typical speed
Often two to five business days. Slow county courts add days.If it is wrong
You get a copy before any final decision and can dispute it at no cost.
What is a criminal background check?
Think of it as a records search, not a police investigation. A screening company sends researchers, or a computer request, to the courts where you lived, worked or went to school. They look for cases filed under your name and match them with your date of birth and other details. Then they write up what they found in a report for the employer.
A police background check is a little different. In many states you can request your own record from the state police or the state's records bureau, often called a state background check. Some jobs, such as teaching, child care and nursing, require a fingerprint check run through the state and the FBI. See fingerprint checks and the FBI check page for how those work.
Where a criminal background check looks
Private employers cannot search one complete national public file. So a good report checks several places and confirms each hit at the source.
| Search | What it covers | Good to know |
|---|---|---|
| County criminal | Felony and misdemeanor cases in a county court | The most thorough layer. Usually covers counties from your address history, often for 7 years. |
| Statewide | A state court system or the state records repository | Some states keep a full central index, others do not. |
| Federal court | Crimes charged under federal law | Separate from county and state courts. |
| National database | A private collection of records from many sources | Has gaps. A hit should be confirmed in the county file before it is reported. |
| Sex offender registries | State and national public registries | Usually part of a basic package. |
| Fingerprint (state and FBI) | Arrests sent to the state and the FBI by police | Required by law for some roles. |
A county criminal background check is often the core of the report, because county courts hold most misdemeanor and felony files. When people ask for the most thorough criminal background check, the honest answer is a county search in every place you lived, plus statewide and federal searches, plus fingerprints where the law allows it.
What shows up on a criminal background check for employment
Here is what usually appears, and what usually does not. Every employer picks its own package, so treat this as a general picture.
- Convictions: felonies and misdemeanors, with the charge, the court, the date and the sentence. There is no federal cutoff date for listing a conviction.
- Pending cases: open charges still in court. More on the pending charges page.
- Arrests without a conviction: federal rules stop most of these after roughly seven years, and some states restrict them further. See the arrests guide.
- Dismissed or expunged cases: dismissed cases can appear as non conviction records. Sealed or expunged ones usually should not appear, but old copies can linger. See expunged records.
- Traffic: minor tickets such as speeding are usually not crimes and are usually left out of a court records search. Criminal traffic offenses, such as a DUI or reckless driving, can. Driving jobs also pull your driving record.
The 7 year limits on non conviction items do not apply for a position paying 75,000 a year or above. In that case older items can be reported under federal law, although a state law can still limit them.
Felony background check: how employers weigh a record
A felony on your record does not end your chances by itself. Plenty of people with a felony get hired after a check. The EEOC, the federal agency that enforces job discrimination laws, tells employers to look at three things: the nature and seriousness of the offense, how much time has passed, and the nature of the job. It also points out that being arrested is not the same as being guilty. Its arrest and conviction records resource page explains this for job seekers and employers.
Some jobs do have legal bars. Laws for schools, care homes, banks, airports and law enforcement can block certain convictions for a set period. Those rules come from the law, not the employer's mood, so ask which rule applies if you are turned down.
Fair chance rules, nicknamed ban the box, exist in a long list of states and cities. They move record questions to a later point, after an interview or an offer. A law known as the federal Fair Chance Act keeps most agencies, and most contractors, from asking before a conditional offer. Some posts, like police work, are exempt.
Your rights under the FCRA
When an employer buys a criminal report from a screening company, federal FCRA rules kick in. In short:
- First comes a written notice on its own page, which you sign to allow the report.
- When the report could sink the offer, the employer must show it to you first, with a federal summary of your rights.
- That opens a window to explain or point out mistakes before the final decision.
- If the employer says no, a final letter follows with the screening company's contact details and how to dispute.
The FTC page written for job applicants lists these steps. If a report is wrong, follow the dispute guide.
How to check your own criminal background
Looking first takes the surprise out of it. You have a few options, and some cost nothing:
- Search the online case index of the county court where you lived. Many courts let the public search by name.
- Ask your state police or state bureau for your own state record. Each state sets its own form and fee, so check its official page.
- Request your FBI Identity History Summary if a job, license or visa needs a fingerprint record.
- Request your file from any screening company that has run a report on you. Federal law gives you that right.
Online people search sites are not the same as an employer check and often mix up names. The guide to a background check on yourself covers each route step by step.
Criminal record checks for special jobs
| Job or purpose | Usual depth |
|---|---|
| Police officer | Fingerprints, full history forms, interviews with references and neighbors, often a polygraph |
| Real estate or other state licenses | The licensing board often requires fingerprints through the state and FBI |
| Schools, child care, healthcare | Fingerprint checks set by state law, sometimes a state clearinghouse |
| Federal jobs | A background investigation tied to the position's risk level |
| Housing (HUD and landlords) | A tenant screening check, which follows housing rules, not job rules |
For federal roles see federal background checks; state rules are listed under background checks by state.
Before you sign the consent form
Read the form, write your former names and every address it asks for, and make sure your date of birth is right. A typo is the most common reason a report gets delayed or matched to the wrong person.
If you are asked about a record, a short calm answer works best:
"I want to be upfront. I have a conviction from [number] years ago for [plain description]. I completed everything the court asked, and since then I have [job, training or other progress]. I am happy to answer questions."
This is a plain overview of federal law, not advice on your own case. Your state may add rules, so a local legal aid office or an employment attorney is the right next call when a record keeps blocking job offers.
Questions people ask
What does a criminal background check show?
It usually shows convictions, open cases, the court and dates, and sometimes arrests from the past 7 years. What exactly appears depends on the searches the employer ordered and your state's rules.
Do traffic violations show up on a criminal background check?
Minor tickets usually do not, because they are not crimes in most states. Criminal traffic charges such as DUI, reckless driving or driving on a suspended license can. A driving job will also check your motor vehicle record.
Is there a free criminal background check?
You can often search your county court's public case index without paying. Requests to the state or the FBI usually cost something, with the amount set by each agency. You can also ask a screening company for a copy of your own file.
What is a county criminal background check?
It is a search of the court records in one county, often going back 7 years. Most misdemeanor and felony cases are filed at the county level, so this is where most records turn up.
How long does a criminal background check take?
Many finish in two to five business days. Courts that need a clerk to pull files by hand, common names and records in several states can stretch it out.
Can I still get hired with a felony on my record?
Yes, many people do. Employers are expected to judge the record against the role and the years since. Some roles have legal bars, so ask which rule was used if you are turned down.