This article will help you:
- Understand which reporting restrictions prevent you from seeing records
- Determine why you may not see all possible criminal records reported
- Determine why you may or may not see dismissed records reported
If you don't see a certain criminal record on a background report, you may question whether the report is accurate. We recommend that you refrain from comparing our results against unvetted sources (like a mugshot database). Many of these unvetted sources and websites do not follow existing laws that pertain to background screening.
Consumer Reporting Agencies (CRAs) like Checkr must adhere to strict federal, state, and municipal regulations concerning what information we can report. These restrictions limit what can be reported in a pre-employment background check.
At the federal level, the FCRA restricts CRAs from reporting non-convictions (such as dismissals) that are over seven years old. Some states further restrict CRAs from reporting both conviction and non-conviction information.
Checkr automates reporting in line with each state’s requirements using our Compliance Engine to help you avoid seeing information that is not reportable. Keep in mind, however, that just because a particular record is reportable, that doesn’t mean you can legally consider the information. States and municipalities have specific laws (like Ban the Box laws and individualized assessment) regarding how end-users and employers use and consider criminal records during an employment pre-screening process.
We recommend you consult with your legal counsel on the specifics of the localities where you hire candidates. For more information on the scope of a search and reporting guidelines, see the following articles:
- How do background check reporting requirements vary by state?
- Lookback periods: How far back are criminal records searched?
If you have additional information about a specific record that did not appear on one of your candidate’s report, please contact firstname.lastname@example.org with the case details along with the location of the record, nature of the record, and any other important details. We will be happy to take a look.