As a job candidate, it’s common to experience a bit of anxiety when awaiting the results of a background check. Fear of the unknown often creeps in even when no offenses have been committed. While this is understandable, it isn’t necessary. The truth is, if there is a weighty offense with your name on it, you’re going to know about it. Moreover, you may be surprised to find that things that you are aware of may not show up.
Here’s a list of things that most likely won’t be present on your criminal background check:
1. Minor Offenses/Infractions
In many instances, minor offenses such as traffic violations, jaywalking, or littering will be omitted from one’s criminal background report. Such infractions are usually punishable only by a small fine and aren’t necessarily crimes— though the inclusion of such records varies by jurisdiction. There are times, however, when related offenses become misdemeanors due to severity.
For example, a standard speeding ticket will be logged as an infraction, but if the speed recorded is dangerously high, the offense could cross the line into reckless driving— a misdemeanor in most states.
Additionally, there is some discrepancy between how a given offense is treated from state to state. For example, some states recognize possession of drug paraphernalia as an infraction, while some recognize it as a misdemeanor.
2. Expunged/Sealed Records
Expungement means to be erased or removed completely— stricken from the record, so to speak. Depending on several factors, a charge can become eligible for expungement. When eligible, the individual who owns the record can send a formal expungement request to the court, and upon approval from a judge, it will be removed.
Similarly, a record can be sealed due to certain circumstances, meaning it can’t be publicly accessed. Unlike expunged records, however, sealed records can be re-opened by court order; they aren’t “erased.”
But, as long as a record is sealed or expunged, it won’t be showing up on your standard background check report.
Learn more about expunged records here.
3. Juvenile Records
When it comes to juvenile records, they usually won’t show up on a criminal background check. Many states have protocols that automatically seal juvenile records when the individual turns 18. There are some exceptions, however.
For example, in Texas, juvenile criminal records can be reported on an individual under 21 who is being screened for employment.
Although, in most cases, juvenile charges won’t appear. This doesn’t mean they don’t exist; they simply can’t be reported in most cases.
4. Dismissed Records Over 7 Years Old
The consumer reporting industry is regulated by a piece of federal legislation known as the Fair Credit Reporting Act (FCRA), enacted in 1970. The FCRA prohibits background screening firms from reporting any arrest record or adverse non-conviction information older than seven years.
In short, if a charge older than 7 years didn’t result in a conviction, then it shouldn’t be showing up on a background screening report.
AN IMPORTANT NOTE: In many states, arrest records within the past 7 years that did not result in a conviction can still be reported on a background report. This includes dismissed charges. Oftentimes, employers can use such records as a basis for job refusal. For this reason, many individuals seek the expungement of dismissed records.
5. Records Regulated by State
Each state has different laws and regulations that govern record reporting policies. A consumer reporting agency must be aware of all such laws and regulations to deliver compliant results to individuals and employers.
California, for example, doesn’t allow the reporting of any records older than seven years, even if they are conviction records. A growing number of states don’t allow the reporting of certain marijuana-related charges, and some disallow the reporting of pending charges. What can and cannot appear on a background screening report depends heavily on specific state regulations.
6. Civil Records
Most criminal and civil courts are entirely separate from one another, governed by judges with different powers.
Civil records are unlikely to be present when conducting a criminal background check (i.e., a search of the criminal courts alone). Such records can include:
- Contract disputes
- Bankruptcy
- Class action suits
- Property disputes
- Small claims
- Torts
Any case where a party files a lawsuit against another in pursuit of damages will almost always be processed in a civil court. To obtain these records, a civil records search product will likely have to be added to your background screening package.
Because the civil courts hold information that can potentially be valuable to employers, particularly when screening for upper management or C-Level positions, we recommend considering civil records searches for future hires. Here is a resource that discusses civil records retrieval in more detail.
Conclusion
Knowing what will and won’t show up on your background screening report can go a long way in lending peace of mind. If you have additional questions or concerns, please visit us online.