What we report on a background check
Not everything found during a search can go on a background check report. Sure Check follows a strict reporting policy based on the federal Fair Credit Reporting Act (FCRA) and state laws.
This page explains what we report, what we never report, and how far back we look, so you know exactly what to expect before you order.
Last updated November 2026
What we never report
No matter how recent or how serious, these records will not appear on a Sure Check report.
Records that did not lead to a conviction
- Arrests that did not result in a conviction
- Dismissed or dropped charges, even if other charges in the same case led to a conviction
- Acquittals, even if other charges in the same case led to a conviction
Protected or minor records
- Expunged, sealed, or pardoned records
- Juvenile records
- Ordinance violations and infractions
- Non-criminal traffic records found during criminal searches
- Civil cases where the applicant was the plaintiff (we only report cases where the applicant was the defendant)
Criminal records: what we report and how far back
Our county criminal searches cover both upper and lower level courts, so you will see felony and misdemeanor records.
| Record type | General rule | State exceptions |
|---|---|---|
| Felony and misdemeanor convictions | Reported regardless of age | In 7-year states (listed below), reported only if within 7 years of the conviction date or release from incarceration, whichever is later |
| Pending criminal charges | Reported | Kentucky: not reported |
| Deferred adjudication and pre-trial diversion | Reported only if filed within the last 7 years and not dismissed or expunged | California, Colorado, Kentucky, New York, and New Mexico: never reported |
| Probation violations, parole violations, contempt, and failure to appear | Reported only if within the last 7 years | None |
| Active warrants | Reported | If issued 7 or more years ago, we report only that a warrant is pending, without the underlying charges or issue date |
| Sex offender registrations | Reported | The underlying conviction is reported only if it has been separately verified and is reportable on its own |
Civil and driving records
Civil records
Reported only if the case is still pending or was decided against the applicant within the last 7 years.Motor vehicle records (MVR)
Accidents, violations, and other negative driving history are reported only if they happened within the last 7 years.7-year conviction states
If your business is located in one of these states, convictions are reported only for 7 years from the conviction date or release from incarceration, whichever is later.
All other states allow convictions to be reported with no state time limit.
Why these rules exist
The FCRA sets federal rules for what a background screening company can report and requires reports to be accurate and fair to applicants. You can read more in the Federal Trade Commission's overview of the FCRA and the EEOC's guidance on arrest and conviction records in hiring. Following these rules protects you from compliance risk and protects your applicants.
Common questions
Do arrests show up on a Sure Check background check?
Arrests that did not lead to a conviction are not reported. If someone was arrested and the case is still open, it appears on the report as a pending criminal charge.Do your civil record searches cover upper and lower level courts?
Yes. Our county civil and federal civil searches cover both upper and lower level civil courts, so you see civil cases filed against the applicant at every court level.Which state's rules apply to my report?
The state where your business is located. If you are in a 7-year state, that limit applies to every applicant you screen, wherever they live.What if an applicant thinks their report is wrong?
Applicants can dispute any information directly with Sure Check. We investigate and correct the report if needed, as the FCRA requires.This page is a general summary of our reporting policy and is not legal advice. Some cities and states have additional fair chance hiring rules that control how employers may use criminal records. Questions? Email info@surecheckbackground.com or call 866-949-5250.