There's more to any candidate than what's on the resume. Get the full picture and see who might be a high risk hire with a comprehensive criminal record check, which can help guard against potential issues down the road for your workplace.
| Search Type | Use | |
|---|---|---|
| County Search | The bread & butter - contains the most accurate, timely, and complete data available | Learn More |
| National Criminal Database | A valuable nationwide tool to locate potential cases | Learn More |
| Federal Search | A search to locate federal criminal records | Learn More |
| State Search | An alternative to conducting multiple county searches | Learn More |
| Unified Court Search | Another statewide search option, often with faster turnaround time | Learn More |
| Sex Offender Registry | Provides information about individuals who have commited a sexual offense | Learn More |
A comprehensive criminal background check for employment may include county, state, federal, and national searches depending on your organization’s needs and compliance requirements. Justifacts helps employers determine the right combination of searches to create a complete and defensible screening program.
County court records are an essential component of comprehensive criminal record checks. Records are searched back a minimum of seven years, however, the majority of court indexes go back much further. County court record searches contain all legally reportable information found during the course of the search- subject to any limitations set on a client-specific basis.
The National Criminal Database Search serves as a valuable tool and provides nationwide information that has been compiled by state courts, departments of correction, and statewide sex offender registries. Offering a broad scope, low cost, and high speed, this is a popular tool to locate criminal record information throughout the country.
A federal court records search is integral to the background check service. The United States is divided into 94 federal districts, with each district maintaining its own courts, judges, clerks, and indexes that handle cases in which the crime occurred on federal property and/or a federal law was violated. These federal cases do not appear in local state records, making a federal search an important piece of the puzzle.
Statewide criminal record checks can be a cost-effective alternative to conducting multiple county searches within the same state. Statewide criminal background checks are available in most states, and Justifacts performs searches in the states that have this information available to the public. These records are typically located in a repository maintained by the State Police or by the Department of Public Safety. Each state has its own requirements regarding the availability of its criminal records and the type of information released. As a result, some states provide extensive criminal record information while others are more limited.
Many states have implented a unified court system - a valuable resource allowing uniform access to county records. Often created and maintained by the state's Administrative Office of the Courts (AOC), a system often consists of a single database that is used by all counties in the state. In general, the information provided by a unified court system is real time, with updates made as soon as court personnel enter data into the system.
With the passage of a variety of legislation, particularly the 1996 “Megan’s Law” and the 1997 “Jacob Wetterling Improvements Act,” all 50 states have created and maintained sex offender registries. These registries are used to track the whereabouts of offenders required to be registered as part of their sentence. Each state has its own guidelines for accessibility and release of information from its registry. Many states release to the public only information on the most serious or “high risk” offenders, while others have all registered offenders on the public registry. Due to the nature of the registries, as an offender moves from state to state, the offender’s name is removed from the previous registry and added to the registry reflecting the new address.
In addition to the state registries, the US Department of Justice (DOJ) maintains the “Dru Sjodin National Sex Offender Public Website”. NSOPW is a partnership between the U.S. Department of Justice and state, territorial, and tribal governments that allows a single national query to determine in which states a person is registered.
Criminal background checks are a standard part of pre-employment screening. Employers commonly order them for:
Industries with strong criminal check requirements include healthcare, financial services, education, childcare, public administration, construction, and transportation.
Different industries and role types require different search combinations. Below are examples of what Justifacts typically recommends for two of the most regulated sectors: healthcare and finance.
For construction, government, staffing, manufacturing, hospitality, and other industries, Justifacts provides recommended packages on each industry-specific page. Your account manager can also build a custom combination based on your role types and risk profile.
Most employers anchor their criminal screening program on county court record searches. County searches are commonly paired with a national criminal database search to identify additional jurisdictions and a federal court records search for roles with federal exposure.
From there, employers add searches based on role type, regulations, and internal policy:
Not sure where to start? Your Justifacts account manager can help you build the right package for each role type during setup and adjust it as your hiring needs evolve.
Many background screening providers rely primarily on database searches. Justifacts goes further.
Database searches are fast and useful for identifying potential records, but they can contain outdated or incomplete information. To help improve accuracy and compliance, Justifacts uses database searches to identify potential jurisdictions, then conducts direct searches with the original court whenever applicable to obtain the most current and legally reportable information available.
Specific quality practices include:
All members of the Justifacts Criminal Records Department receive training on how to search, document, and process criminal records including all relevant reporting laws at the federal, state, and local level.
The Justiweb platform includes automated flags and notices for reporting restrictions based on federal, state, and local laws; client-specific profile requirements; the purpose of the report; and admitted criminal records.
A minimum of two identifying data points (name, date of birth, address, driver's license number, or an admitted record) must match before a criminal record is connected to a specific applicant. In jurisdictions where personal information has been redacted from public records, additional steps are taken to obtain required identifiers. Justifacts is one of very few screening providers that uses signature matching to verify identity when other identifiers are limited.
All records are reviewed by the QC department before delivery. Monthly reports identify data reporting issues and trigger retraining when errors occur. All team members are tested annually with known records to verify accuracy.
In areas without online court access, Justifacts uses a vetted network of qualified public record retrievers. These retrievers are tested at onboarding and annually with known records to ensure continued accuracy.
All applicant disputes are logged and tracked. Disputes resulting from internal errors trigger retraining. Monthly dispute reports are reviewed by the Compliance Department to identify data source deficiencies — with source changes or personnel action taken as needed.
The FCRA generally limits reporting of most non-conviction criminal records to 7 years from the date of sentencing or release. This limit does not apply to convictions. Certain positions — typically above a salary threshold — may be exempt. Some states impose stricter lookback limitations than federal law requires.
Employers cannot automatically disqualify a candidate based on the existence of a criminal record. Under EEOC guidance, employers must consider the nature of the offense, how much time has passed, and whether the offense is relevant to the specific job. Justifacts provides a free Individualized Assessment Tool to help employers apply this standard consistently.
Many states and municipalities restrict when an employer can ask about criminal history. In some jurisdictions, employers cannot inquire until after a conditional offer of employment. The Justifacts platform accounts for jurisdictional requirements automatically.
If a criminal record may affect a hiring decision, the FCRA requires a defined adverse action process: a pre-adverse action notice with a copy of the report and summary of rights, a waiting period for the candidate to respond, and a final adverse action notice if the decision stands. Justifacts provides a built-in Adverse Action tool with jurisdiction-specific notices, required language, and Fair Chance law compliance.
A criminal record does not automatically disqualify a candidate. Employers should consider:
To support compliant hiring decisions, Justifacts provides:
A database search aggregates records from various sources — it's fast and broad, but the data can be outdated or incomplete. Justifacts uses database results as a starting point to identify jurisdictions, then verifies information directly with the source court for accuracy and current reportability. This produces legally defensible results rather than potentially stale database entries.
Most employers anchor their program on county court record searches combined with a national criminal database search. Federal court searches are typically added for roles with federal exposure. From there, requirements vary by industry and role. Healthcare employers add OIG and professional license checks; financial services employers add Sentinel Watchlist and credit checks. Your Justifacts account manager can help determine the right combination.
No, a criminal record can not automatically disqualify a candidate. Under FCRA and EEOC guidance, employers must apply individualized assessment before making an adverse decision based on criminal history — considering the nature of the offense, how much time has passed, and whether it is relevant to the role. Justifacts provides a free Individualized Assessment Tool to support this process.
You must follow the adverse action process. If information in a background check report influences a decision not to hire, the FCRA requires a specific adverse action process: a pre-adverse action notice (with the report and summary of rights), a waiting period, and a final adverse action notice if the decision stands. Justifacts provides a built-in Adverse Action tool with jurisdiction-specific notices and Fair Chance law compliance.
Yes, criminal checks are legally required in some industries. Healthcare, childcare, financial services, government contracting, and transportation all have regulatory or licensing requirements that mandate specific criminal checks. Many state-level licensing boards also require criminal clearance for professional licensure. Justifacts can help identify the specific requirements for your industry and jurisdiction.
Access accurate, compliant criminal history information to help reduce risk and support informed hiring.