For small business owners and hiring managers alike, bringing the right people into your team is about more than just skills and experience. It’s about trust. Criminal background checks have become a key step in ensuring that new hires are both qualified and reliable. By vetting candidates thoroughly, businesses can avoid hiring individuals whose past behaviors might pose a risk to coworkers, customers, or the business itself.
What Exactly Is a Criminal Background Check?
A criminal background check is a review of an individual’s legal history to identify any prior convictions or charges. These checks usually occur once a conditional job offer has been made. Employers use them to confirm that the information shared during the hiring process is accurate and to catch any red flags that weren’t disclosed upfront.
While companies may conduct various kinds of checks—employment verification, credit history, or education validation—the criminal background check specifically focuses on offenses that may raise safety or integrity concerns. It’s not just about discovering wrongdoing; it’s about assessing risk in context.
Common Data Included in a Criminal Record Search
Most criminal background reports include a range of details designed to verify identity and provide a clear record of past legal issues. Typically, you’ll find the following elements:
- Full legal name and known aliases
- Date of birth
- Social Security number validation
- Residential history
- Records of misdemeanor or felony convictions
Depending on the job, the industry, and location, the scope of the check may vary. A position in education or healthcare, for example, may require more stringent reviews. In the United States, background screenings conducted through third-party providers must follow the Fair Credit Reporting Act (FCRA), which outlines the rights of candidates and requires their written consent prior to any checks.
For international candidates, compliance becomes even more complex. In countries governed by data protection regulations like Europe’s GDPR, consent and data handling must meet additional legal standards.
Why Employers Run Criminal Background Checks
It’s easy to assume background checks are just another layer of bureaucracy. But in reality, they help businesses in several important ways. First, they offer a layer of protection. Employees are often trusted with access to property, data, and sometimes vulnerable populations. A criminal past doesn’t automatically disqualify someone, but it does merit further review and context-based evaluation.
Background checks also help validate the accuracy of a candidate’s resume. With resume embellishment being common, verifying that someone’s story holds up can save time and prevent future regret. Additionally, background checks can help companies comply with legal or regulatory requirements, particularly in sectors like finance, transportation, and education.
Benefits of Screening Candidates Thoroughly
There’s no perfect science to hiring, but a solid background check process can dramatically reduce the risk of poor decisions. Some key benefits include:
- Confirming candidates are truthful about qualifications
- Ensuring workplace safety for employees and customers
- Reducing legal liabilities in the event of an incident
- Lowering long-term costs related to employee turnover and insurance
- Safeguarding company reputation through careful onboarding
Think of background checks as an insurance policy for your hiring process. It’s a small investment upfront that could prevent major complications later.
How Far Do These Checks Go?
How much of someone’s past is reviewed during a background check depends on the state, the type of screening, and the role in question. Generally, pre-employment criminal background checks go back seven years, but exceptions exist. For positions involving high security or fiduciary duties, the lookback period may be extended depending on industry norms or state laws.
Here’s a general breakdown of timeframes by screening type:
- Criminal Records: Often limited to 7 years, but may go further under certain circumstances
- Education and Work History: Typically verified regardless of when it occurred
- Professional Licenses: Checked throughout a person’s career as needed
- Driving Records: Go back 3 to 10 years depending on the state
- Credit Reports: Usually show data from the past 7 to 10 years (in states where this is allowed)
Remember, some states limit how far back you can go in a criminal check, especially under Ban the Box legislation aimed at giving formerly incarcerated individuals a fair chance.
What Can Slow Down the Process?
While some background checks return in a matter of days, others can take a few weeks—especially if they require federal-level clearance or involve multiple jurisdictions. Candidates who’ve lived in several states, or whose backgrounds require verification across multiple databases, may experience delays.
Employers should plan for these timelines and manage candidate expectations accordingly. In general, the more comprehensive the check, the longer the turnaround.
Conducting a Background Check: A Step-by-Step Guide
If you’re building a hiring process that includes criminal background checks, here’s how to do it responsibly and legally:
1. Get written consent from the candidate: Always explain the process and ask for permission in writing before moving forward.
2. Define what the check will cover: Stay within the scope of what you’ve disclosed. Only look for information relevant to the job or required by law.
3. Use a reputable third-party service: Avoid trying to do this manually. Trusted providers ensure access to accurate databases and help maintain compliance with federal and state laws.
4. Review the results carefully: Don’t just scan for keywords. Context matters. If something concerning arises, evaluate its relevance to the job.
5. Notify the candidate if issues come up: If adverse information affects your hiring decision, the FCRA requires you to share the report and allow the candidate to respond.
6. Keep a record of everything: Maintain documentation of the background check and your decision process in your internal records, even if the candidate isn’t hired.
A transparent process builds trust and keeps your company on the right side of the law.
Spotting Red Flags: What Employers Should Know
Not every issue on a background check is disqualifying. A candidate may have faced legal trouble years ago and since built a solid, responsible career. However, certain discoveries warrant a deeper look or even reconsideration of the offer.
Some common red flags include:
- Undisclosed criminal convictions, especially for violence or fraud
- Inability to verify claimed licenses, degrees, or certifications
- Significant inconsistencies in work history or identity
- Multiple bankruptcies or signs of financial irresponsibility (only relevant for financial roles)
- Patterns of dishonesty during the interview or onboarding process
The key is not to react emotionally or assume the worst. Instead, evaluate whether the information is relevant to the job at hand. For instance, a DUI conviction may be less concerning for a warehouse job than for a delivery driver position.
The Seven-Year Rule and Ban the Box
Many states now limit how far back employers can look when reviewing criminal records, often capping it at seven years. This movement—sometimes referred to as “Ban the Box”—seeks to reduce discrimination against individuals with past convictions, especially for minor or nonviolent offenses.
It doesn’t mean employers can’t conduct background checks—it just means they must do so with greater consideration. Employers should weigh the nature of the offense, the time elapsed, and the applicant’s current behavior before making a hiring decision.
How Long Does a Criminal Check Take?
Turnaround times vary based on the type and complexity of the check. Basic screenings typically take 3–5 business days. However, more in-depth reports (such as those involving federal or international records) may require up to 30 days.
Factors that influence timelines include:
- Number of jurisdictions searched
- Whether manual courthouse visits are required
- The type of data being requested (e.g., criminal, credit, education)
Planning ahead ensures these delays don’t disrupt your hiring flow.
When Should Financial Background Checks Be Considered?
Not all jobs require scrutiny of a candidate’s financial past. However, for roles in accounting, banking, or executive leadership, a credit check might be appropriate. That said, employers won’t see an applicant’s credit score—only relevant credit behavior, such as missed payments or outstanding debts.
Using credit checks outside of financial roles is not recommended and may be restricted by local laws.
Marijuana Testing: A Shifting Landscape
As marijuana becomes legal in more regions, many companies are opting to stop testing for it altogether. Pre-employment drug screenings are still common, but the emphasis is shifting, especially as laws evolve. Employers should stay updated on state-specific rules and evaluate whether marijuana testing is necessary or even lawful in their jurisdiction.
A Responsible Approach to Screening
In today’s competitive and fast-moving job market, criminal background checks offer more than just peace of mind—they help protect your business, build a reliable workforce, and uphold compliance. Still, it’s critical to treat candidates fairly and to interpret their histories with nuance and empathy.
Rather than using a background check as a barrier, think of it as a tool to foster trust and transparency. The goal isn’t perfection—it’s finding the right people for your team while keeping your workplace safe and your hiring practices ethical.