How Criminal Record-Keeping Works in the U.S. (and Why It’s So Complicated)

Background checks take time because there’s no all-in-one U.S. criminal record database. Instead, records are kept separately by local courts, state repositories, and federal databases, which must share and verify information before results are complete.

Where Criminal Records Come From

County and local courts are the starting point.  Every arrest, charge, and conviction begins at the local level, usually at a county court. These records are the most accurate and up-to-date because they’re the original source.

State repositories then collect this information.  Each state has its own criminal history repository (usually managed by the state police). When someone is arrested and fingerprinted, that data goes to the state repository.  If the case ends in a conviction, or gets dismissed, the court sends the final outcome (called a disposition) back to the state. Unfortunately, not every state does this perfectly or on time, which is why record completeness varies.

The federal layer connects everything. The FBI manages systems like:

• NGI (Next Generation Identification) – the main fingerprint and criminal history database.  It contains arrest records and fingerprints for both misdemeanors and felonies,. As long as the person was fingerprinted when arrested. Updates about how the case ended, whether it was dismissed, convicted, or reduced to a lesser charge.

• III (Interstate Identification Index) – an index that points to which states have records for a person.

• NCIC (National Crime Information Center) – holds warrants, protection orders, and stolen property, not convictions.

• NICS (National Instant Criminal Background Check System) – used for firearm background checks.

How a Case Becomes a Record

Here’s what happens from arrest to record:

1. Arrest and fingerprinting – Police take prints and send them to the state and FBI.

2. Charges filed – Prosecutors decide what charges to bring; the court opens a case.

3. Court updates – When the case is resolved, the court should report the outcome to the state repository.

4. Sentencing or dismissal – The final judgment determines whether it becomes a conviction.

5. Expungement or sealing – Depending on state law, some records can later be hidden or removed from public view. Expungement is like wiping the slate clean. When a record is expunged, it’s deleted or destroyed by the court or state repository.

   1. In most states, expunged records no longer show up on public court searches, employer background checks, or even most law enforcement inquiries (though federal agencies can sometimes still access them).

   2. Expungement is often available for first-time offenders, juvenile cases, or nonviolent misdemeanors once a waiting period has passed and all court conditions (like probation or fines) are completed.

Every step has to be reported correctly for a record to appear in a background check.

What Shows Up in Each Database

Database	What It Includes	Who Uses It
County Courts	Local charges, case details, sentencing info	Background screeners, employers, individuals
State Repository	Fingerprint-backed criminal history from across the state	Licensing boards, employers, law enforcement
FBI III / NGI	National index of state and federal records	Law enforcement, authorized background checks
NCIC	Warrants, missing persons, stolen property	Law enforcement
NICS	Firearms-purchase checks	Gun dealers, FBI
Sex Offender Registries / NSOPW	Registered sex offender information	Public
Commercial Databases	Aggregated public records from many sources	Screening companies, employers

Why It Differs State to State

Every state does things a little differently.

• Reporting speed: Some states report dispositions within days; others take months.

• Fingerprinting rules: Certain states require fingerprints for every arrest, while others don’t.

• Record access: Some states seal or expunge old misdemeanors; others leave them public for decades.

• Tech infrastructure: Smaller counties may not have modern systems, so updates get delayed or missed.

This patchwork is why one background check might show a record that another misses, it depends on which databases were searched and how current they are.

What “Conviction” Really Means

A conviction happens when someone is found guilty in court. That final decision is what moves from the court docket to the state repository and, often, the FBI. Arrests that don’t lead to conviction may still exist in some systems, but employers often can’t use them under the Fair Credit Reporting Act (FCRA).

Why This Matters for Employers and Screeners

If you run background checks, you need to know:

1. No single database is complete. Always confirm hits directly with the court or state repository.

2. State participation varies. Some states fully share records with the FBI; others keep them in-house.

3. Data moves slowly. Even after a conviction, it can take weeks or months to appear in a national database.

4. Expungement laws change. States regularly update what can be sealed or hidden.

5. Compliance is key. Following FCRA and state regulations protects both you and the candidate.

7. The Bottom Line

Criminal record-keeping in the U.S. is not made up from a single database.  It’s a network of thousands of systems trying to talk to each other.

County courts hold the details, states build the summaries, and the FBI ties it all together. Understanding how those layers connect helps you interpret background checks accurately and fairly. Keeping your hiring process both fast and compliant.

Want help simplifying your background check process? Sure Check’s platform pulls data from verified sources, confirms county-level results, and delivers compliant reports in hours, not days.

Get in touch today!