What Shows Up on a Criminal Background Check?

Hiring someone new is always a mix of opportunity and risk. You want to trust the person walking through the door, but you also need to protect your workplace, customers, and reputation. That’s why criminal background checks are such an important part of the hiring process. They provide a window into a candidate’s history and help you make informed decisions about who to bring onto your team.

But what actually shows up on a criminal background check? And how should HR leaders interpret what they find? The answers aren’t always straightforward, since results vary by jurisdiction, type of check, and industry compliance rules. This guide breaks down exactly what you can expect, how the information is collected, and what it means for your hiring process.

Understanding the Basics

A criminal background check is a search of public and private databases to see if a candidate has any past or current records with the criminal justice system. Employers usually run these checks before making a job offer, but in some industries, ongoing monitoring is also required to ensure employees remain eligible to work.

The scope of a background check depends on several factors:

• The level of search requested (county, state, federal, or national)
• Compliance requirements for your industry
• The role you are hiring for and its associated risks

While there is no single nationwide system that captures every record, reputable providers aggregate information from multiple sources to create a comprehensive picture.

What Typically Appears on a Criminal Background Check?

Arrest Records

Some checks include arrest records, although their use is restricted in certain states. An arrest does not equal a conviction, and under Equal Employment Opportunity Commission (EEOC) guidelines, employers must carefully consider how they use this information.

Convictions

This is the most common and important category. Convictions at the county, state, or federal level will appear, covering a wide range of offenses from misdemeanors to felonies. The level of detail usually includes the charge, the date, and the disposition.

Pending Charges

If someone is currently facing charges, that information may also show up. Pending charges can complicate hiring decisions since there has not yet been a conviction. Employers need to tread carefully to stay compliant with Fair Credit Reporting Act (FCRA) rules and fair chance hiring laws.

Warrants

Active warrants can appear in some searches. These typically indicate an unresolved legal issue that may directly affect employment suitability.

Incarceration Records

Information about time served in prison or jail can be part of the record.

Sex Offender Registry

Most criminal background checks include a search of national and state sex offender registries, which is particularly important for roles involving vulnerable populations.

Driving and Motor Vehicle Offenses

For roles that involve driving, criminal background checks often include motor vehicle records, such as DUIs or reckless driving convictions.

Federal and Civil Records

Federal crimes such as fraud, embezzlement, or interstate drug trafficking may appear in federal record searches. Civil cases, like restraining orders or certain lawsuits, may also show up depending on the scope of the check.

What Does Not Show Up

It’s just as important to know what a criminal background check does not include.

• Expunged or sealed records: If a court has sealed a record, it will not appear.
• Juvenile records: In most cases, these are protected and inaccessible to employers.
• Arrests without disposition: Some states block employers from considering arrests that did not lead to charges or convictions.
• Time-limited convictions: Many states have “lookback” laws that prevent older convictions from being reported after a certain number of years.

Industry-Specific Considerations

Certain industries have unique requirements around what shows up on a background check and how it must be interpreted.

• Healthcare: Sanctions monitoring and license verification are mandatory to ensure patient safety and compliance with federal programs.
• Transportation: Department of Transportation (DOT) regulations require ongoing monitoring of motor vehicle records for drivers.
• Finance: Credit checks and fraud-related records are particularly relevant in roles handling money.
• Education: Checks typically include searches for sex offender status and any crimes involving children.

Understanding the compliance landscape is crucial, because failing to consider the right records can expose your organization to fines or legal challenges.

The Cost of Getting It Wrong

Ignoring or misinterpreting what shows up on a criminal background check can have serious consequences. A single oversight could result in workplace violence, theft, or harm to customers. Beyond the immediate impact, your organization could face lawsuits, regulatory penalties, and reputational damage that lingers for years.

On the flip side, being overly strict can also create problems. Blanket policies that automatically reject candidates with any record may violate EEOC guidelines and fair chance hiring laws. The best approach is thoughtful, role-specific evaluation supported by consistent policies.

Best Practices for HR Leaders

To get the most value out of criminal background checks while staying compliant, HR leaders should:

• Work with a trusted screening partner that understands both the legal and human sides of hiring
• Create clear, role-specific screening policies that align with compliance requirements
• Train hiring managers on how to interpret results fairly and consistently
• Maintain transparent communication with candidates to build trust
• Revisit and update policies regularly as laws change

Frequently Asked Questions

What information shows up on a criminal background check?

Convictions, pending charges, warrants, incarceration history, sex offender registry status, and driving-related offenses often appear. The exact details depend on the type of search and state laws.

Do arrests appear on a background check?

In some states they do, but employers must be careful about how they use that information. Many jurisdictions restrict consideration of arrests that did not lead to convictions.

How far back do background checks go?

It depends on the state. Some allow searches as far back as seven years, while others permit reporting on older convictions.

Are expunged or sealed records visible?

No. If a court has sealed or expunged a record, it will not appear in a background check.

Do all jobs require the same level of check?

No. High-risk and regulated industries often require deeper searches, while lower-risk roles may only require a standard pre-hire check.

Conclusion

Criminal background checks are a cornerstone of safe and compliant hiring, but understanding what shows up on them is just as important as running the check itself. Employers must know what information is included, what is excluded, and how to interpret it fairly and consistently.



By combining thoughtful policies with modern tools, HR leaders can balance safety, compliance, and fairness. Vetty makes that balance easier with a mobile-first platform, real-time monitoring, and built-in compliance workflows that support hiring teams at every stage of the process.