How To Get A Criminal Background Check
How To Get A Criminal Background Check: Your Easy-to-Follow Guide
If you've ever needed to verify someone's history—whether for a job, renting an apartment, or even just peace of mind—you know that knowing how to get a criminal background check is absolutely essential. It might sound like a complex process involving government red tape, but don't worry! We're here to break down exactly what a criminal background check entails and how you can obtain accurate results quickly and legally.
A background check is essentially a deep dive into public records to verify an individual's identity, history, and, most importantly, their criminal record. Whether you are an employer, a landlord, or an individual checking your own history, understanding the steps is crucial.
This guide will walk you through the various options, legal requirements, and best practices for conducting a reliable criminal background check.
Why Do You Need a Criminal Background Check?
People initiate a criminal background check for countless reasons, but the goal is always the same: risk mitigation and trust verification. For businesses, this is a core component of responsible hiring. For individuals, it often involves personal security.
Here are the most common scenarios where you might need to know how to get a criminal background check:
- Employment Screening: Employers use checks to ensure candidates are trustworthy and qualified, especially for positions involving finances, vulnerable populations, or high security.
- Tenant Screening: Landlords often run checks to assess potential tenants' reliability and minimize risk of property damage or disturbance to other residents.
- Licensing and Certification: Certain professional licenses (like law, medicine, or childcare) require clean criminal records.
- Volunteering/Adoption: Organizations working with children or vulnerable adults require rigorous background scrutiny.
- Personal Safety (Self-Checks): You might need to check your own record to correct errors, prepare for a new job, or apply for immigration benefits.
Understanding your specific need helps determine the scope and depth of the check required, ensuring you don't spend unnecessary time or money.
Different Types of Background Checks Available
When seeking a criminal background check, it's important to realize that not all checks are created equal. The type you choose depends entirely on how comprehensive you need the search to be and the geographic area you need to cover.
A basic online search often scrapes publicly available databases, but a thorough check often requires accessing specific government records. Here are the main types:
- State and Local Checks: These are usually faster and cheaper. They search records held by state police, local courts, and county jails within a specific jurisdiction. If a person has only lived in one place, this can be very effective.
- National (FBI) Checks: This is the most comprehensive type, accessing records from jurisdictions across the entire country. These usually require fingerprinting and are handled through official government channels.
- FCRA Compliant Checks: If you are an employer or landlord using the information to make hiring or housing decisions, the check must comply with the Fair Credit Reporting Act (FCRA). This protects the subject's rights regarding the information used.
- Other Components: A complete background investigation often includes more than just criminal records. It can also cover driving records, employment history verification, credit reports, and education verification.
Always clarify whether you need a state-level search or a full national search before you proceed.
Step-by-Step: How To Get A Criminal Background Check
Ready to start the process? The specific method you choose will depend on who is performing the check (you or a third party) and the level of official detail required. Remember, you generally cannot run a background check on someone without their written permission, especially if you plan to use the results for official purposes like hiring.
Option 1: Using Official Government Sources
For the most official and comprehensive results, especially those requiring nationwide data or fingerprint verification, you will need to go through government agencies. This is often necessary for government jobs, security clearances, or adoption proceedings.
First, check your local state police or Department of Public Safety website. Many states allow you to submit a request for a person's public criminal history records online or via mail for a small fee.
If you need an FBI identity history summary check (a national criminal background check), the process is more detailed. You usually must submit the request directly to the FBI, or through an authorized channeling agent. This invariably involves getting fingerprinted at an approved location, as fingerprints are the most accurate way to link records.
Option 2: Utilizing Third-Party Screening Services
For employers, landlords, or individuals seeking faster, more convenient results, Consumer Reporting Agencies (CRAs) are the best route. These companies specialize in gathering background information from various sources (court records, sex offender registries, etc.) and compiling it into a comprehensive report.
When selecting a CRA, make sure they are reputable and strictly adhere to the FCRA. This is non-negotiable if you are using the results to deny employment or housing.
The main advantage here is speed. Many third-party checks can return results within 24 to 72 hours, depending on the depth of the search requested. They handle all the messy work of compiling records from various jurisdictions.
Essential Information Needed for the Check
Regardless of whether you choose a government agency or a third-party service, you need specific identifying information to ensure the check is accurate and legal. Garbage in, garbage out, as the saying goes.
- Full Legal Name (including any former names or aliases)
- Date of Birth (DOB)
- Current and Former Addresses (necessary to check local court records)
- Social Security Number (SSN) or equivalent identification
- Signed Consent (mandatory if you are the one requesting the check on someone else)
Having accurate, complete information is the key to successfully knowing how to get a criminal background check that provides reliable results.
Understanding the Results and Legal Considerations
Receiving the report is only half the battle. You must be able to interpret the information correctly, especially distinguishing between arrests, charges, and actual convictions. An arrest record does not equate to guilt.
If you are running a check for employment or housing purposes, the FCRA mandates that you follow strict adverse action procedures before denying someone based on the results. You must provide the applicant with a copy of the report and a summary of their rights under the FCRA. This gives them a chance to dispute any inaccuracies before you finalize your decision.
Furthermore, be aware of "Ban the Box" laws in your locality. These regulations restrict when an employer can ask about a candidate's criminal history, often delaying the inquiry until later in the hiring process.
Always seek legal guidance if you are unsure about how to properly use the information contained within the criminal background check report.
Conclusion
Getting a criminal background check doesn't have to be overwhelming. By determining the scope you need—whether it's a quick local check or a comprehensive national search—and choosing the right method, you can access reliable information efficiently.
Remember that accuracy is everything. Always prioritize reliable, FCRA-compliant sources when conducting an official check. Whether you are safeguarding your business, your tenants, or simply verifying personal history, knowing how to get a criminal background check is an essential skill in today's world. Take the first step today and secure the information you need with confidence.
Frequently Asked Questions (FAQ) About Criminal Background Checks
- Can I run a criminal background check on myself?
- Yes, absolutely! Running a check on yourself is highly recommended. It allows you to see exactly what potential employers or landlords see and gives you the opportunity to correct any outdated or inaccurate information before it affects your future.
- How long does a criminal background check typically take?
- The timeline varies significantly based on the method. A basic third-party check might take 24–72 hours. A complex, multi-state or national FBI check requiring fingerprint verification can take several weeks, sometimes up to a month.
- Are online "instant" criminal background checks reliable?
- Be cautious of instantaneous checks. While they can provide a general idea of public records, they often rely on limited, aggregated data that may be incomplete or outdated. For official purposes like employment or housing, you need a check performed by an accredited CRA that directly searches court and government sources.
- How far back do criminal background checks go?
- Generally, criminal conviction records remain public indefinitely. However, under the FCRA, non-conviction information (like arrests that did not lead to a conviction) can only be reported for seven years in employment screening. Some states have additional restrictions on reporting time limits for older information.
How To Get A Criminal Background Check
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