This article will help you:
- Distinguish between Federal Criminal and National Criminal Database searches (which are often confused)
- Set expectations about what each search is and isn’t
- Use packages that include these searches more effectively
Most background checks include some type of criminal records check, but the term “criminal records” can be ambiguous. One common area of confusion is the differences between Federal Criminal Checks and National Criminal Database Checks. These are different from County Criminal Checks, where most detailed records are found.
Common myths about criminal search types
Myth: Federal and National searches are the same.
Fact: Federal and National Checks are not one and the same. Checkr's National Check covers a collection of nationwide databases, while a Federal search specifically finds criminal records in Federal jurisdictions.
Myth: If you run a Federal or National search, you don't need to run county searches.
Fact: Federal, National, and State Checks don't supersede County checks. In other words, they won’t find everything that a county criminal check will. For many criminal records, the county courthouse is the source of truth.
Myth: The Federal search uses FBI or Department of Justice (DOJ) databases.
Fact: None of these searches are FBI or Department of Justice searches. Unless there is a statute authorizing private industries to have access, only law enforcement agencies and private industries authorized by law (child care, financial institutions, healthcare) may access FBI data. FBI and DOJ searches can only be conducted through positive identification (such as fingerprinting), and have their own pros and cons compared to name-based background checks.
National Criminal Database Check
What it is: A database search of millions of records
What it is not:
- An FBI or Department of Justice search
- A thorough search of Federal Criminal records
Usage: Cast a wide net for potential records and serve as a "pointer" to other criminal checks.
The term “National Criminal Database” is a bit of a misnomer, in that the check does not cover all of the United States, but it does query 1,800 databases covering approximately 900 million records.
The National Criminal Database Check is used in virtually every criminal background check to find additional “hits.” Once a “hit” is identified, Checkr dispatches researchers to the county where the national criminal check shows a possible record to obtain:
- Additional identifiers to confirm it belongs to the individual in question
- Complete and up-to-date case information (such as disposition and status)
A search of the National Criminal Database without county-level searches would be inadequate -- information found during the National Criminal Database Check is often not up-to-date or complete and is only used for pointer purposes. A county-level check would always be required to obtain complete and accurate information.
For more information, see our article on National Criminal Database Checks.
Federal Criminal Check
What it is: A search of criminal records in Federal jurisdictions
What it is not:
- An FBI or Department of Justice search
- A search of state or county criminal records
Usage: Find Federal crimes for a more thorough search, especially in industries where crimes such as fraud or embezzlement are job-relevant.
Federal Criminal Checks use the US Federal Government’s PACER criminal record system, which covers all 94 federal jurisdictions and includes crimes against federal employees, crimes committed on federal land, crimes that cross state lines, and other specific categories.
It can be easy to confuse a “federal criminal check” with the “national criminal database” (described above) and state/county-level criminal searches. Unlike these other records, federal criminal records are only accessible through a specific federal criminal check.
For more information, see our article on Federal Criminal Checks.
State Criminal Check
What it is: A search of statewide criminal databases
What it is not:
- An FBI or Department of Justice search
- A thorough search of all records in every county
Usage: To find additional criminal records in the candidate's state, outside of their home county.
A State Criminal Check use statewide databases to discover criminal records. Many companies use State Checks to uncover additional records outside of the counties where the candidate has lived.
Not all counties report into state databases, and each state database functions differently. For example, New York's state database includes reports from all counties by law, but California's does not. Because the county courthouse is the source of truth for most criminal records, we recommend running this search in addition to, not instead of, a county check.
For more information, see our article on State Criminal Checks.
County Criminal Check
What it is: A thorough search of criminal records available at the county level, where most records occur.
What it is not:
- An FBI or Department of Justice search
- A search of federal criminal records or national criminal databases
Usage: Recommended for the candidate's home county (and potentially past counties of residence) to find the most thorough information on potential criminal records.
County criminal records, which make up the majority of criminal offenses, are located in county courthouses across the 3,200 counties in the US. Thus, they will not be found in a federal check. Oftentimes the existence of a county criminal record is determined by conducting a search in the aforementioned National Criminal Database Check, which is used as a pointer to county or state records.
All felony and misdemeanor criminal records, regardless of disposition (guilty, dismissed, etc.) and whose cases are tried in local jurisdictions, are housed at the county court.
A comprehensive criminal background check should include county, federal, state, and national database searches, all of which are offered as part of Checkr’s checking packages.
For more information, see our article on County Criminal Checks.