A federal background check means one of two things: a search of federal court records that a private employer adds to a normal screening, or the investigation a U.S. government agency runs before you start a federal job. The first takes a few days and looks only for federal crimes. The second uses a long questionnaire, fingerprints and sometimes an interview, and can take weeks or months.
I have sent hundreds of new hires through both kinds. Most people get nervous because the word "federal" sounds serious. In practice it tells you where the records come from, not how deep the digging goes. This page explains both meanings, what each one shows, and what you can do to keep yours moving.
Quick answers
Two meanings
A federal court search for a private job, or a government suitability or security investigation.
Federal court search
Covers crimes charged in U.S. District Courts, such as fraud, tax, immigration or interstate drug cases. State crimes like most DUIs are not in it.
Government job check
Starts after a conditional offer in most cases. You fill in an online questionnaire and give fingerprints.
Who decides
The hiring agency makes the suitability or security decision. The investigator only collects facts.
Rule that matters
A criminal record is not an automatic bar to most federal jobs, according to OPM.
Honesty
Knowingly false answers on federal forms can be a federal crime. Disclose and explain instead.
What is a federal background check?
Recruiters use the phrase loosely, so ask which one you are getting. Here is how the two versions compare.
| Question | Federal court search (private job) | Government job investigation |
|---|---|---|
| Who orders it | A private employer, using an outside screening firm | A federal agency, or a contractor for a cleared role |
| What it searches | Federal district court criminal cases | Courts, police, past jobs, schools, credit, references, FBI fingerprints |
| Form you fill in | A consent form only | A long investigation questionnaire plus the hiring declaration |
| Typical time | A few business days | Weeks for low risk jobs, months for high level clearances |
| Law that governs it | Fair Credit Reporting Act (FCRA) | Federal suitability and security rules set by OPM and other agencies |
If the job is with a private company, you are almost always in the first column. A full employment background check usually bundles the federal court search with county, statewide and identity searches.
What does a federal criminal background check show?
A federal criminal search on a private screening shows cases filed in the 94 U.S. District Courts. Typical entries are charges for mail or wire fraud, tax evasion, bank robbery, counterfeiting, immigration offenses, federal firearms charges and drug cases that crossed state lines. Each entry usually lists the charge, case number, filing date and the outcome.
It does not show most everyday cases. Shoplifting, a first DUI, simple assault and most drug possession arrests are handled in state and county courts, so they appear in county or statewide searches instead. That surprises a lot of people who expect "federal" to mean "everything." Our list of report contents covers the rest.
Before a private employer orders any of this through a screening company, the FCRA requires a standalone written disclosure and your signed permission. The FTC's consumer page on hiring screens walks through those notices.
National background check vs nationwide criminal database search
A national criminal background check from a private company is usually a database search. The screening company pulls from court records, corrections data and sex offender registries that it buys or collects. It is wide, but it has holes, because not every county sells or updates its records.
Private employers have no single public nationwide file they can query. The closest thing is the FBI's fingerprint based file, and private employers reach it only where a statute gives them access. That is why a good screening company treats a national database hit as a lead and confirms it at the county court before reporting it.
| Search name on your report | What it really is |
|---|---|
| National criminal database | A private compilation of many sources, checked against county records before reporting |
| Federal criminal search | Federal district court cases only |
| Statewide search | The state repository or state court system for one state |
| FBI fingerprint check | The FBI's own arrest and fingerprint file, reached only when a statute calls for it |
Government background check for a federal job
For a government job, the process is called vetting. OPM describes the order of events on its suitability and credentialing questions page:
- The agency decides what type of investigation the position needs. This is called position designation.
- You apply, and usually after a conditional offer the agency screens your resume, references and the hiring declaration form (OF 306).
- If a new investigation is needed, you complete the online investigative questionnaire. The questions depend on the level: employers, schools, criminal record, creditors, residences and family members.
- An investigative service provider contacts sources such as police departments, schools and past employers. An investigator may interview you.
- The results go back to the hiring agency, which makes the decision and gives you a start date.
- Many positions also have reinvestigations or continuous vetting later on.
If you held a federal or military job before, you may not need a brand new investigation. Say so to the HR specialist early.
Security background check levels: SF-85, SF-86 and tiers
How deep a government investigation goes depends on the position's risk level. The questionnaire you are handed is a good clue to the depth.
| Form | Usually used for | Depth |
|---|---|---|
| SF-85 | Low risk, non sensitive jobs (the old name for this level was NACI) | Basic record checks and written inquiries |
| SF-85P | Public trust jobs with access to money, data or systems | More record checks, sometimes credit and an interview |
| SF-86 | National security jobs and clearances (military, intelligence, many contractors) | The deepest, with interviews of you and people who know you |
The questionnaires are filled in online through the government's investigation system, often called NBIS or e-App by HR staff. A military background check for enlistment and checks for agencies like the CIA or ICE follow the same idea, with extra steps for high level clearances. For how these tiers line up with the Level 1 and Level 2 wording used by states, see background check levels.
What federal adjudicators look at, and what helps
OPM says a criminal record is not an automatic bar to most federal jobs. The agency weighs your whole background, how the conduct relates to the job, how serious it was, the years that have passed and your conduct since then. In plain words: time, honesty and a clean recent stretch count for a lot.
Do write: "Arrested for possession, [City], [Month and year]. Charge dismissed after a diversion program. Court letter attached."
Do not write: leaving the box blank because you think the record was sealed, or "see attached" with nothing attached.
Leaving something off a federal form tends to hurt more than whatever the record says. Investigators find most court cases, and a knowingly false answer can be a federal crime on its own.
A federal fair chance law also keeps most agencies and federal contractors from raising your record until they have made a conditional offer. Police work and cleared positions are among the carve outs.
Other federal lists that show up on screenings
Some private screening packages add federal list searches. You may see these line items on your report:
- OFAC search: the Treasury Department's sanctions lists. Banks and exporters run it. A hit is almost always a name match that gets cleared.
- EPLS or SAM exclusions: the federal list of people and companies barred from federal contracts. EPLS is the old name.
- OIG exclusions: the health program exclusion list, used for healthcare roles. Our page on care sector screening explains it.
- Social Security trace: not a federal record search at all. It reads address history linked to your number so the screener knows which counties to search.
How long it takes and who pays
A federal court search on a private screening often clears in one to three business days. A government investigation for a low risk job can take a few weeks. A Top Secret clearance can take many months. The agency or the employer pays for these checks, not you. Delays usually come from missing addresses, references who do not call back, records abroad or a backlog at the investigating agency. Our background check timing guide has a calculator for private checks.
Fill the questionnaire in one sitting with your old addresses, supervisor phone numbers and court papers open beside you. Gaps and "unknown" entries are the number one reason files sit waiting.
Read this as general orientation on how Washington hires, not as legal advice. Your hiring agency's HR office can explain its own process, and for advice on your facts, try a county legal aid society or an attorney who knows federal hiring.
Questions people ask
What does a federal background check consist of?
On a private sector hire, the check is a search of federal district court criminal cases, usually alongside county and statewide searches. For a government job, it is a questionnaire, fingerprints, record checks with police, schools and past employers, and sometimes an interview. The depth depends on the position's risk level.
Is a national criminal background check the same as an FBI check?
No. A national database search is a private compilation of records and is not complete. An FBI check is fingerprint based and is only available to employers when a law allows it. See our FBI background check guide.
Is there a free government background check?
Employers and agencies pay for the checks they order. You can order your own FBI or state record at whatever price that office has posted, and some states offer fee waivers. A free copy of a private report is available if you are turned down because of it and ask within 60 days.
How much does a federal background check cost?
On a hiring screen the agency or company covers it, so nobody should bill you. If you request your own record for a visa or personal review, the FBI or state agency lists its current fee on its site. Fingerprinting at an outside location may add a separate charge.
Will a misdemeanor stop me from getting a federal job?
Usually not on its own. OPM looks at how serious it was, how long ago, how it relates to the job and what you have done since. Disclosing it honestly matters more than the record itself.
What if a country like Spain asks for a federal background check?
A foreign office asking for a U.S. federal background check almost always means the FBI Identity History Summary, often with an apostille. Our FBI background check apostille guide explains that process.