When preparing to run a criminal background check, you may also hear about civil background checks and wonder if that should be included as well. The two searches look at very different kinds of court records, and knowing the difference can save you time and money.
This guide explains what each search shows, which one most jobs actually need, and how to stay on the right side of the law.
What Is a Criminal Background Check?
A criminal background check looks for crimes. In a criminal case, the government charges a person with breaking the law. The search can show felony and misdemeanor convictions, charges that are still open, active warrants, and sex offender records.
There are a few ways to run a criminal search. A county search checks court records in the counties where a person has lived or worked. It pulls records right from the courthouse, so it is the most accurate and up to date option. A statewide search checks a state’s main database of records, while a federal search looks at federal courts for crimes like fraud, tax crimes, and drug trafficking. Many employers also add a nationwide database search, which scans a large set of records to flag places worth a closer look. Federal criminal search looks for federal crimes like drug trafficking, kidnapping, fraud, mail fraud, etc. To learn more, see our guide on what shows up on a background check.
What Is a Civil Background Check?
A civil background check looks at lawsuits and other disputes between people or businesses. In a civil case, no one is charged with a crime. Instead, one side asks the court to settle a problem, usually about money, property, family matters, or a broken agreement.
Civil records can include a wide range of personal matters. They may show lawsuits filed against a person, court orders to pay money, restraining orders, contract disputes, and evictions. Civil records can also include divorce cases and other family court matters. Much of this information is private and personal, and most of it has nothing to do with whether someone can do a job well.
Most Employers Only Need a Criminal Background Check
For most jobs, a criminal background check is all you need. Civil records usually are not relevant to the job role. A person’s divorce, a dispute with a former landlord, or a lawsuit over a car accident does not tell you whether they will be a safe and reliable caregiver, teacher, or driver.
Criminal records are different because they can speak directly to safety. If you hire people to care for seniors, work with children, or go into clients’ homes, you need to know about past crimes like theft, abuse, or violence. That is why criminal searches are the standard for employment screening in senior care, childcare, home services, and transportation.
There are a few cases where a civil search might make sense. Some employers add one for senior leaders, business partners, or staff who will manage large sums of money. Even then, it is best to think carefully about how the information connects to the job before you add it to your screening process.
How Far Back Do These Records Go?
A federal law called the Fair Credit Reporting Act (FCRA) limits how old some records can be on a background report. Under 15 U.S.C. § 1681c, background check companies generally cannot report civil suits, civil judgments, or arrest records that are more than seven years old, or older than the statute of limitations, whichever is longer.
Criminal convictions follow different rules. The law’s seven-year limit on negative information does not cover criminal convictions, so federal law allows convictions to be reported no matter how old they are. Some states, like California, New York, Texas, and Colorado, set their own seven-year limit.
At Sure Check, we only report a civil case if it is still open or was decided against the candidate within the last seven years. We also only report cases where the candidate was the one being sued. If a candidate sued someone else, that case stays off the report.
How to Follow the Law
No matter which search you run, federal law applies. The Federal Trade Commission’s guide for employers explains that when you use a background check company, you must follow the Fair Credit Reporting Act. That starts with getting permission. You need written permission from a job applicant before you get their background report.
You also need to treat every candidate fairly. The EEOC’s guidance on arrest and conviction records explains how using criminal records in hiring can sometimes break federal job discrimination laws. The best approach is to use the same rules for everyone in the same job and to think about how a record really connects to the work.
If you decide not to hire someone because of their report, there are steps you must follow. According to the FTC’s consumer guide on background checks, employers must give the person a copy of the report and a summary of their rights under the FCRA before taking action. Then give the candidate time to respond before you make a final choice.
Frequently Asked Questions
Does a criminal background check show civil cases?
No. Civil and criminal cases are kept in separate court systems. A criminal background check will not show lawsuits, divorces, or other civil matters.
Do I need a civil background check for my employees?
Most likely not. For most jobs, civil records are not relevant to the role, and a criminal background check gives you the information you need to make a safe hiring choice.
Will a divorce show up on an employment background check?
Not on a standard criminal background check. Divorce is a civil court matter, so it would only come up in a civil search.
Can a restraining order show up on a background check?
Restraining orders are civil court records, so they would appear in a civil search. Some criminal cases may also involve protective orders.
Get the Right Background Check With Sure Check
Sure Check Background Screening helps employers run the searches that matter for each job, without paying for ones they do not need. We connect right to the courts instead of going through middlemen, which means faster and more accurate results.
Whether you hire caregivers, childcare workers, or in-home service staff, we will help you build a screening package that fits your team and keeps you FCRA compliant.
Ready to see the difference? Contact Sure Check today and get a $100 credit to try us on your next hire.