Purpose of an Employee Criminal Background Check

The employee criminal background check process varies depending on the employer and industry. Typically, companies require a candidate’s full name, Social Security number, and date of birth to initiate the screening. Additionally, employers must obtain written consent before accessing records related to:

• Credit reports
• Educational background (degrees earned, schools attended, completion dates)
• Work history
• Driver’s license number and driving records
• Military service details
• Identification documents such as passports or state IDs

Certain industries may require specialized screenings, such as criminal background checks for employment in positions involving security, finance, or transportation.

Getting Ready for a Background Check

Anticipating an employee criminal background check can be nerve-wracking, but regulations exist to protect candidates. Employers or staffing agencies must obtain written authorization before conducting a background check. Without consent, they may violate the Fair Credit Reporting Act (FCRA), which safeguards consumer rights.

What May Come Up on a Criminal Background Investigation

During a pre-employment screening, a prospective employer may review:

• Education and work history
• Licenses and certifications
• Civil court records
• Drug test results

However, an employee criminal background check primarily focuses on identifying felony and misdemeanor convictions. Below are key details that may surface in a criminal record search.

1. Felonies

A criminal history check provides details on charges, trials, or convictions for felony offenses. Employers use this information to assess the risk a candidate may pose to workplace safety and security.

While some background checks also reveal pending charges, employers are generally advised to weigh convictions more heavily than arrests. Some states have laws restricting the use of arrest records that did not lead to convictions, ensuring that candidates are not unfairly penalized.

Additionally, expunged or sealed convictions should not appear on a criminal background check, as these records are no longer legally accessible to employers.

2. Sex Offender Registry Search

A comprehensive sex offender registry check covers over 200 registries across all U.S. states, territories, and tribal jurisdictions. Limiting a background check to a single state may overlook critical sex offender registration records in other jurisdictions.

If an employer requests a sex offender registry search, any related convictions will typically appear on the candidate’s criminal history report. However, state reporting laws vary—some states restrict reporting on older convictions beyond seven years, while others allow unrestricted reporting regardless of the offense’s age.

3. Misdemeanors

Misdemeanors are less severe than felonies but can still result in substantial fines or short-term jail sentences. Common examples include:

• DUI or drug possession
• Vandalism or petty theft
• Simple assault

Employers generally evaluate misdemeanors based on relevance to the job. For instance, an applicant with multiple DUI convictions may not be eligible for a delivery driver position. However, if the offense occurred many years ago, it may have less impact on hiring decisions.

4. Traffic Violations

Minor traffic infractions (e.g., speeding, running a red light) may not appear on a criminal background check. However, serious offenses such as:

• Reckless driving
• Hit-and-run incidents
• Felony DUI charges

… are more likely to raise concerns for potential employers, especially for positions that involve driving company vehicles.