Conducting a thorough background check requires a layered approach that captures information across multiple jurisdictions and court systems. No single search can provide a complete picture of an individual’s criminal history. Based on the thousands of background screenings our team has performed, we recommend a combination of national criminal database and court record searches of state and federal courts. Here are the three searches that work together to deliver a more comprehensive and compliant screening process.
1. National Criminal Database Search: Expanding the Scope
The National Criminal Database Search serves as a powerful supplemental tool designed to broaden the scope of a background investigation. This search must always be used in conjunction with a primary source search, such as a state criminal repository, to ensure accuracy and compliance.
This search plays a key role in identifying potential criminal activity outside of a candidate’s self-disclosed residential history. It cross-references all names and addresses associated with a candidate’s Social Security number (SSN) and verifies the SSN against the master death registry. Additionally, it searches a database containing more than 600 million criminal records.
Beyond criminal records, the database also screens:
- State and national sex offender registries
- Government terrorist watch lists (including OFAC/SDN)
- Interpol’s most wanted list
- Various U.S. and international debarment lists
While this search is highly effective at identifying potential records, any findings must be verified at the original repository source before being reported. This verification process ensures compliance with the Fair Credit Reporting Act (FCRA) and helps maintain accuracy in reporting.
2. State Criminal Records Search: Broad State-Level Coverage
A State Criminal Records Search provides criminal history information compiled at the state level, typically sourced from county courts. This search offers a broader view of criminal activity within a specific state, making it a valuable component of a comprehensive screening strategy.
However, the availability and completeness of state records can vary significantly depending on the state. While most misdemeanor and felony convictions are typically included, there are important limitations to consider:
- Not all states provide a fully comprehensive statewide database
- Pending cases may not always be included
- Some jurisdictions may have reporting delays or gaps
Despite these variations, a state search remains an efficient way to identify criminal activity across multiple counties within a state. All records reported through this search adhere to FCRA guidelines, ensuring consistency and compliance.
3. Federal Criminal Records Search: Capturing Federal Offenses
The Federal Criminal Records Search focuses on cases adjudicated in federal district courts, which are distinct from state and county jurisdictions. This search is essential for identifying offenses that would not appear in traditional state or county-level searches.
Federal cases typically involve violations of federal law and may include offenses such as:
- Embezzlement
- Robbery
- Drug trafficking
- Internet-related crimes
- Kidnapping
The key distinction lies in jurisdiction. State and county searches capture cases involving local law enforcement agencies, while federal searches capture cases involving federal authorities such as the FBI or U.S. Marshals.
Because these records originate from a separate court system, incorporating a federal search ensures that critical offenses are not overlooked. As with other searches, all reportable information is provided in accordance with FCRA requirements.
Bringing It All Together
Each of these three searches serves a distinct purpose, and when used together, they create a more complete and reliable background screening process:
- National Database Search → Expands reach and identifies potential records across jurisdictions
- State Search → Provides broader coverage within a specific state
- Federal Search → Captures serious offenses prosecuted at the federal level
By combining these searches and verifying all findings at the source, organizations can make more informed hiring decisions while maintaining full compliance with the Fair Credit Reporting Act.
Our References & Background Investigations team can make your screening process easier and more accurate. Talk to our team to learn more.