Criminal Record Background Checks: What Shows Up
A criminal record background check gathers information about a person's arrests and convictions from courts, law enforcement, and state repositories. What appears depends on the source, the state, and the type of check. An arrest is not a conviction, and the two are treated differently. Errors are common, and the law gives people a way to dispute them.
What a criminal record background check is
A criminal record background check is a search for a person's criminal history. It can be run by an employer, a landlord, a licensing agency, or a volunteer organization. The search may pull from county courthouse records, state criminal record repositories, law enforcement agencies, and federal court records. The Equal Employment Opportunity Commission, which enforces federal workplace discrimination law, explains that criminal history information comes from many sources and that the results vary with the source used.
Because records live in many places, two checks on the same person can produce different results. A county search may show a local case that a state repository has not yet recorded. A federal search covers federal cases only. The scope of the check, not just the person's history, shapes what appears.
What usually appears on a check
Most checks look for arrests, charges, and convictions. Depending on the source and the rules that apply, a report may include the charge, the date, the court, the case number, and the disposition. A disposition is the outcome, such as a conviction, a dismissal, or a plea. A report may also include pending cases, probation or parole status, and incarceration history. The Fair Credit Reporting Act, which governs consumer reporting agencies that sell background information to employers, sets limits on what these agencies may report.
Arrest record versus conviction record
The difference between an arrest and a conviction is central to how background checks work. The EEOC states that an arrest alone does not establish that criminal conduct occurred, and that excluding someone based only on an arrest is not job related and consistent with business necessity. A conviction record, by contrast, usually serves as evidence that the person engaged in the conduct.
| Point | Arrest record | Conviction record |
|---|---|---|
| What it shows | A person was arrested or charged | A court found the person guilty or accepted a plea |
| Proof of conduct | No; an arrest is not proof | Usually yes |
| Reporting limit | Agencies generally may not report old arrests with no conviction | Convictions may be reported without a time limit |
| How to address it | Dispute an error or seek sealing where allowed | Dispute an error or seek relief under state law |
How long records persist
How long a record stays visible depends on the source and the law. The EEOC notes that under the Fair Credit Reporting Act, a consumer reporting agency generally may not report records of arrests that did not result in a conviction where the arrest occurred more than seven years ago, but it may report convictions without a time limit. State rules can be stricter, and some states bar reporting of certain old or non-conviction records. Court records themselves can last indefinitely, which is why sealing or expungement matters for records a person wants to keep out of public view.
Who runs the check and what rules apply
Who runs the check determines which rules apply. When a third-party company assembles the information for an employer, the company is usually a consumer reporting agency under the Fair Credit Reporting Act, and the employer must follow the notice and consent steps the law requires. When an employer searches public court records directly, different rules apply. When a government agency runs a fingerprint-based check, the rules come from the program that authorizes it. The Federal Trade Commission publishes business guidance on background checks and a consumer-facing library on the Fair Credit Reporting Act.
Why errors happen
Background check errors are common enough that federal agencies warn about them. The EEOC points to reports that criminal records can be inaccurate because of missing disposition data, misspellings, and clerical mistakes, and because a record may lack a unique identifier such as a full date of birth. A person with a common name can be matched to another person's case. A repository may lack the final outcome of an arrest, so an old arrest shows with no disposition. These problems are not rare, and they can affect housing and jobs.
How to correct an error
If a report contains a mistake, the person can dispute it. Under the Fair Credit Reporting Act, a consumer reporting agency must investigate a dispute and correct or delete information that is inaccurate or cannot be verified.
- Get a copy of the report from the company that produced it.
- Identify the specific entry that is wrong.
- Send a written dispute with supporting documents.
- Check the source record and ask the court or agency to correct it there too.
Where this varies
Where this varies: the rules on what may be reported, how long it may be reported, and when an employer may consider it come from a mix of federal and state law. Some states limit how far back employers may look, and some restrict consideration of non-conviction records. The federal Fair Credit Reporting Act sets a floor, not a ceiling, so state law can be stricter. Confirm the rules in the state where the person works or applies.
What employers may and may not do
Employers may consider criminal history, but they must stay within discrimination law. The EEOC explains that an employer's use of criminal history can violate Title VII if it disproportionately screens out a protected group and is not job related and consistent with business necessity. The agency points to a targeted approach that considers the nature of the offense, the time that has passed, and the nature of the job, followed by an individualized assessment. Some jobs are subject to federal or state restrictions that bar certain records outright. The result is that a background check is not the end of the conversation, and the employer's process matters as much as the record itself.
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Frequently asked questions
Does a background check show arrests or only convictions?
It can show both. A report may list an arrest even without a conviction, though rules limit how long old non-conviction arrests may be reported. The EEOC notes that an arrest alone is not proof that conduct occurred, while a conviction usually is evidence of it.
How long do criminal records stay on a background check?
It depends on the source and the law. Under the Fair Credit Reporting Act, agencies generally may not report arrests older than seven years that did not lead to a conviction, but convictions may be reported without a time limit. State law can be stricter.
What is the difference between an arrest and a conviction?
An arrest means a person was taken into custody or charged. A conviction means a court found the person guilty or accepted a plea. An arrest is not proof of conduct, while a conviction usually is. The two are treated differently by employers and the law.
How do I fix an error on a background check?
Get a copy of the report, identify the wrong entry, and send a written dispute to the company that produced it. Under the Fair Credit Reporting Act, the agency must investigate and correct or delete information that is inaccurate or cannot be verified. The source record may also need fixing.
Can an employer reject me for an old conviction?
Employers may consider criminal history, but discrimination law limits how they use it. The EEOC explains that a blanket exclusion can violate Title VII if it screens out a protected group and is not job related and consistent with business necessity. An individualized assessment matters.
Does sealing or expungement remove a record from background checks?
It helps, but it is not guaranteed. A court order can limit public access, yet private background companies may keep their own copies and not always purge them. Check the specific effect of the relief in your state rather than assuming the record disappears everywhere.
Written and reviewed by the InmateSearch.co Editorial Team. This page describes how the process generally works and is not legal advice.
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