Hiring the right person goes beyond matching skills to a job description—it’s about safeguarding your workplace and ensuring trust among your team. A recent survey shows over 92% of employers conduct background checks to safeguard workplace security and protect their brand reputation. But how do you genuinely know who’s stepping into your company?
One crucial tool in this process is the county criminal background check—a localized search that reveals essential details of a candidate’s past that might otherwise go unnoticed in a broader screening. So, what exactly shows up on these reports, and why is this information so important?
Understanding what appears in a county criminal background check can give hiring managers insights into potential risks, help ensure workplace safety, and maintain team trust.
What Is a County Criminal Background Check?
A county criminal background check is a localized search focused on uncovering criminal records within specific counties where an individual has lived, worked, or frequently visited.
This extensive search pulls records directly from county courthouses, where offenses are often first recorded. County checks usually involve felonies, misdemeanors, and, in some cases, infractions, providing the most accurate, up-to-date information from a person’s local history.
Also Read: What Shows Up in a Background Check and What Causes Potential Red Flags? A Complete Guide
What Information is Included in a County Criminal Background Check?
Before you hire a potential employee, you need to check if the information they provided is correct and whether they’re a good fit for the company. Here’s all the information from a county criminal background check.
1. Felony Convictions
Felonies are the most severe category of criminal offenses, often resulting in lengthy prison sentences or significant fines. Examples of common felonies include theft, assault, drug trafficking, and embezzlement. These are critical for employers to consider, as they indicate serious legal violations that could impact workplace safety and integrity.
2. Misdemeanor Convictions
Misdemeanors are less severe offenses than felonies, typically resulting in smaller fines or shorter jail time. Common misdemeanors include minor theft, vandalism, public intoxication, and trespassing. While they are less severe than felonies, employers may still need to evaluate these records in the context of job requirements and company policies.
3. Pending Criminal Cases
Pending cases represent ongoing legal matters for which the individual has yet to be convicted or acquitted. These may include any stage of pre-trial proceedings and can influence hiring considerations based on the severity and nature of the charges.
4. Arrest Records
Depending on jurisdiction, county background checks may show arrest records, even if they don’t result in convictions. However, many regions enforce strict regulations on how arrest records can be used in hiring decisions to protect individuals from discrimination based on accusations alone.
5. Warrants
Active warrants, especially for serious offenses, may also appear in a county criminal background check. This information is vital as it may indicate unresolved legal issues that could affect the individual’s employment eligibility or reliability.
6. Sex Offender Registry Matches
Some county background checks may include searches against local sex offender registries, though this depends on local regulations. Employers in industries involving vulnerable populations may require this information to ensure the safety of clients and staff, following legal requirements for such searches.
7. Additional Information As Per Jurisdiction
When conducting a county criminal background check, it’s essential to understand that the information provided can vary significantly based on jurisdictional reporting practices. Additional details beyond criminal convictions might also appear, depending on local laws and the specific search conducted.
i) Traffic Violations
Traffic-related offenses, particularly serious violations such as driving under the influence (DUI) or reckless driving, can sometimes show up on a county criminal background check. These offenses are often treated with a seriousness that can impact an employer’s decision-making process.
Depending on the jurisdiction, some checks may include a person’s driving record, which could detail the nature and frequency of any traffic infractions. Employers might consider these offenses relevant, especially if the position involves operating a vehicle or requires high responsibility.
ii) Protective Orders
In certain jurisdictions, a county criminal background check may also reveal orders of protection or restraining orders against an individual. These legal documents are often issued in cases of domestic violence, stalking, or harassment and can serve as a significant red flag for employers concerned about workplace safety.
However, including such orders depends heavily on the state’s reporting practices and the specifics of the background check. Employers need to be aware of this potential information, as it can inform their hiring decisions and risk assessments in the workplace.
What Doesn’t Show Up on a County Criminal Background Check?
Understanding what information does not appear on a county criminal background check is crucial for employers and job applicants. Certain records may be omitted from these checks, which can significantly impact the interpretation of an individual’s background.
1. Sealed or Expunged Records
Sealed or expunged records are criminal convictions or arrests legally hidden from public view. When a record is sealed, it remains in the government’s files but is inaccessible to the public. Expungement goes a step further by completely erasing the record from public databases.
Individuals often pursue these legal remedies to move on from past mistakes so sealed or expunged records will not appear in a county criminal background check. This is important for applicants seeking employment and employers aiming to conduct fair assessments; understanding that these records are not visible can lead to more accurate evaluations of an individual’s background.
2. Federal and Out-of-County Records
County criminal background checks focus on local jurisdictions and typically do not include federal crime information or records from other counties. This means serious offenses, such as federal drug charges or crimes prosecuted in different counties, will not be reflected in a county check.
Consequently, employers conducting background checks should be aware that relying solely on county records may provide an incomplete picture of a candidate’s criminal history, potentially overlooking significant offenses that could influence hiring decisions. Additional checks may be necessary for a comprehensive background assessment to uncover federal or out-of-county records.
Legal and Compliance Considerations
Conducting county criminal background checks comes with significant legal and compliance obligations that employers must adhere to. Understanding these requirements is crucial to ensure fair, transparent, and legally compliant hiring practices.
Fair Credit Reporting Act (FCRA)
The Fair Credit Reporting Act (FCRA) sets the standards for conducting background checks and handling consumer information. Under the FCRA, employers must use only legally compliant background screening services and ensure that the information obtained is accurate and relevant.
Non-compliance with the FCRA can lead to legal repercussions, including penalties and lawsuits, and may damage the employer’s reputation. Employers must also be aware of state-specific regulations that may impose additional requirements on background checks, such as restricting the types of convictions that can be considered or mandating specific disclosures to candidates.
Title VII of the Civil Rights Act of 1964
Title VII prohibits workplace discrimination based on an individual’s membership in a protected class. Enforced by the Equal Employment Opportunity Commission (EEOC), this law requires employers to evaluate criminal convictions for specific job responsibilities before hiring.
Fair Chance to Compete for Jobs Act
This law applies to federal contractors and agencies, restricting them from asking about criminal history or conducting background checks until after a conditional job offer is made. Federal agencies also cannot award contracts to companies that violate these provisions.
State Laws
State and local regulations vary widely when it comes to employment background checks.
Major laws include:
- Ban-the-Box Laws: State laws significantly influence how employers handle criminal background checks during hiring. Ban-the-Box laws regulate the timing of criminal history inquiries, often prohibiting such questions on job applications or requiring employers to delay background checks until after interviews or conditional offers. This ensures fair consideration for candidates without immediate disqualification based on criminal records.
- Expungement Laws: Most states allow individuals to seek expungement of certain offenses after a specific time. For instance, Colorado’s Clean Slate Act automatically seals non-violent records after a set period. Civil infractions are sealed after four years, while petty misdemeanors are sealed after seven years.
Non-compliance with these laws may lead to legal penalties, including fines or lawsuits from unfairly treated applicants. Employers could face discrimination claims, particularly if they bypass these laws and disproportionately affect individuals from protected groups. Employers should consult legal counsel to ensure adherence to federal, state, and local laws while conducting background checks.
Also Read: The Ultimate Guide to FCRA Compliance for Employers
Obtaining Written Consent
Before conducting a county criminal background check, employers must obtain written consent from the candidate. This consent ensures that the applicant is aware of and agrees to the background check.
Additionally, employers must first inform candidates of their rights regarding the information that may be found in the background check, including their right to dispute inaccurate information. The employer must provide a statement of disclosure stating exactly why the background check is needed and how it will be used. This transparency fosters trust between employers and potential hires, ensuring that candidates are treated fairly throughout the hiring process.
Maintain Data Security and Confidentiality
Employers are legally required to protect the confidentiality of background check information and take necessary steps to secure sensitive data. This includes ensuring that background check results are stored securely, limiting access to authorized personnel only, and employing data encryption and other protective measures for digital records.
Physical records should be locked away or disposed of securely, such as through shredding. These precautions help prevent unauthorized access, breaches, or misuse of personal and confidential information. Failing to implement proper data security measures not only risks legal consequences but also undermines candidates’ trust in the hiring process.
How to Ensure Legal and Regulatory Compliance in Background Checks?
1. Review Local and State Laws
Before conducting any background check, ensure you are familiar with the relevant local and state laws. Understanding these laws can help you avoid potential legal violations and penalties.
2. Develop a Clear Background Check Policy
Create a comprehensive background check policy that outlines how screening will be conducted. This policy should define when background checks are performed, specify which positions require certain checks, and explain the process for handling adverse findings.
3. Assess Conviction Information Individually
If a criminal conviction appears on an applicant’s background check, conduct an individualized assessment to determine its relevance to the job role before making a decision to deny employment.
4. Follow Adverse Action Procedures
If a background check leads to a decision not to hire an applicant, follow the proper adverse action steps:
- Send a pre-adverse action notice and a report outlining the information prompting the decision.
- Provide a deadline for the applicant to dispute inaccuracies or present evidence of rehabilitation.
- If the decision remains unchanged, send a final adverse action notice with the applicant’s legal rights and a copy of the report.
Get Started with Comprehensive Background Screening Today!
When it comes to ensuring a safe and compliant workplace, you need a trusted partner. Verification Screening Solutions offers a wide range of background screening services tailored to meet your needs:
- County-Level Criminal Records: In-depth checks within specific counties to uncover local criminal activity with a thorough county criminal background check process.
- Statewide Criminal Search: Comprehensive searches across states for a broader criminal history.
Federal Criminal Search: Access to federal court records to identify serious offenses. - National Searches: Thorough investigations that span the entire country for a complete criminal overview.
- Motor Vehicle Report (MVR): Review driving records to evaluate potential risks related to driving offenses.
- Sex Offender Search: Ensure compliance and safety by checking against sex offender registries.
- Federal Civil Search: Investigate civil court records at the federal level for additional context on a candidate’s background.
- County-Level Civil Search: Focus on local civil court records to find relevant civil litigation history.
- Employment Verification: Confirm previous employment details to validate a candidate’s work history.
- Education Verification: Authenticate educational qualifications to ensure candidates meet job requirements.
Take the first step toward creating a safer, more trustworthy workplace by contacting Verification Screening Solutions.