Start a Criminal Background Records Search the Right Way
A criminal background check is not one universal database search. In the United States, criminal-record information may be held by state criminal-history repositories, county and state courts, federal courts, corrections agencies, local law enforcement and other government systems. The right search depends on why you need the information and whether you are checking your own record, researching public court records, or obtaining a regulated background report for employment, housing or another eligibility decision.
What is a criminal background check?
“Criminal background check” is a broad term. It may refer to anything from a person searching a county court docket to an employer ordering a consumer report from a professional background-screening company.
These searches are not necessarily equivalent. A statewide criminal-history repository may contain fingerprint-supported arrest and disposition information, while a court database may show filed cases and documents. A commercial screening company may combine information from multiple public and proprietary sources into one consumer report.
Case-based information
Criminal complaints, charges, docket entries, hearings, pleas, dispositions, judgments and sentencing records when publicly accessible.
State or FBI record
Criminal-history information compiled through law-enforcement and criminal-justice reporting systems, often supported by fingerprints.
Background-screening report
A report prepared by a consumer reporting agency for an employer, landlord or other entity with a legally permitted purpose.
What information can a criminal background records search uncover?
The answer depends heavily on jurisdiction, access rules, search method and the type of database being used. Publicly accessible information can include some of the following.
Arrests
Arrest data may be held by local police, sheriffs or state criminal-history repositories. Public availability varies.
Filed charges
Courts may provide criminal complaints, charging information and case docket entries.
Convictions
Conviction information may appear in court records and state or federal criminal-history systems.
Dismissals
Public court files can sometimes show that charges were dismissed or resolved without conviction.
Sentences
Sentencing orders can show incarceration, probation, fines or other court-imposed conditions.
Incarceration
State departments of corrections and the Federal Bureau of Prisons operate separate inmate locators.
Sex-offender registration
Public registry data is maintained by participating jurisdictions and can be searched nationally through DOJ’s NSOPW.
Appeals
Appellate court systems may provide opinions, orders and docket information separately from trial courts.
Public criminal-record search vs. regulated background check
Public-record research
You personally visit or search government court, corrections or public-record systems to locate information available to members of the public.
- State court portal
- County court clerk
- State criminal-history search where public
- PACER for federal cases
- State or federal inmate locator
Consumer background report
A third-party company compiles information about an individual and provides it for a legally recognized eligibility purpose such as employment or housing.
- Can be subject to the Fair Credit Reporting Act
- Accuracy obligations apply to reporting agencies
- Employers and landlords can have notice obligations
- The person can have dispute and disclosure rights
How to check your own criminal background record
If your goal is to learn what may appear when an agency reviews your history, start with official criminal-history repositories rather than a people-search website.
The FBI maintains an official State Identification Bureau directory covering state criminal-history agencies across the country.
Find your state criminal-history agencyFBI Identity History Summary: your fingerprint-based federal record
The FBI calls its personal criminal-history record an Identity History Summary. It is sometimes informally called a “rap sheet.” The FBI uses fingerprint submissions to positively identify the person whose record is requested.
This is different from typing a name into a public court search. The FBI specifically states that it does not provide name-only checks for personal Identity History Summary requests.
Start the FBI request
Use the official Identity History Summary application process. Electronic and mail submission options are available.
Submit fingerprints
Electronic applicants can use participating U.S. Post Office fingerprint locations, or a completed fingerprint card can be mailed according to FBI instructions.
Receive the Identity History Summary
The result will show qualifying information maintained in the FBI criminal-history system or indicate that no Identity History Summary exists.
Challenge an error if necessary
If information appears inaccurate or incomplete, the FBI provides a record-challenge process. Supporting court or agency documentation can help resolve the issue.
State criminal-history checks: why procedures differ
Every state has its own criminal-history repository structure, access rules, fees and search process. Depending on the jurisdiction, the responsible agency may be called a State Bureau of Investigation, Department of Public Safety, State Police, Bureau of Criminal Identification or similar name.
Some repositories allow public name-based conviction searches. Others restrict access, require signed consent, require fingerprints, or provide fuller information only to the individual whose record is being requested or to authorized agencies.
Fast but identity-sensitive
Name and date-of-birth searches can return possible matches, but common names and aliases can create mistaken identity problems.
Stronger identification
Fingerprint-based criminal-history checks are used when positive identity confirmation is important.
Check your own data
Many states provide a record-review procedure so an individual can examine and challenge information maintained about them.
How to search state and county criminal court records
Criminal-history repositories and court records serve different purposes. If you need a specific prosecution, docket, charge or disposition, the court system is often the better source.
Identify where the alleged case was filed
Start with the state and county. Criminal cases are commonly filed in county-level or state trial courts, though terminology varies.
Locate the official judiciary or clerk website
Prefer a state judicial branch, county clerk, clerk of court or other official court domain over an unofficial records aggregator.
Search using strong identifiers
Name, date of birth where available, filing year, court location and case number can help distinguish people with similar names.
Read the disposition
Do not stop at the charging entry. Look for dismissal, acquittal, plea, conviction, sentencing or another final disposition.
Contact the clerk if online records are incomplete
Older documents, certified copies, archived cases and records restricted from remote access may require an in-person, mail or clerk-assisted request.
How to search federal criminal court records
Federal criminal cases are separate from state and county court records. The federal judiciary’s official electronic records service is PACER (Public Access to Court Electronic Records).
A PACER account is required to search federal court records online. Registration itself is free, although accessing court records can result in PACER fees.
Search that court directly
PACER says court-specific case information is updated as records are entered into the court’s CM/ECF system.
Search by federal courtUse PACER Case Locator
The nationwide index can identify federal courts and case numbers associated with a party. PACER states that the national index is updated daily.
PACER nationwide searchInmate and corrections records are a separate search
Court records tell you what happened in court; corrections databases tell you about custody or supervision. State prisoners are generally searched through the appropriate state department of corrections. County jail inmates are typically maintained by a sheriff, county corrections agency or local jail.
Federal inmates
The Federal Bureau of Prisons Inmate Locator can locate federal inmates incarcerated from 1982 to the present.
The BOP cautions that release dates can change as sentences are recalculated. A result showing “Released” or “Not in BOP Custody” also does not necessarily mean the person has no remaining supervision or involvement with another criminal-justice system.
Search federal inmatesNational sex-offender registry search
The U.S. Department of Justice operates the Dru Sjodin National Sex Offender Public Website (NSOPW). It provides a national search across public sex-offender registry information supplied by participating states, territories and tribal jurisdictions.
NSOPW can be searched by name and, where participating jurisdictions provide the necessary geographic data, by location.
Why a criminal record may not appear in an online search
An empty search result can mean many different things. It should not automatically be interpreted as proof that a person has never been arrested, charged or convicted.
- the spelling or name variation is different
- the record is filed in another county
- the record is maintained by another state
- the case is federal rather than state
- the case is older than the online database
- the record is sealed or expunged
- the database restricts pending-case name searches
- the agency never received complete disposition data
- the individual used a former or alternate name
- the record exists only in paper or archive storage
Avoid matching a criminal record to the wrong person
Name-only searches are useful for locating possibilities, but they are not strong identity proof. Common names, aliases, similar birth dates and incomplete court indexes can produce misleading results.
Before treating a record as belonging to a particular person, compare available identifiers such as:
- full legal name
- middle name or initial
- date of birth
- known aliases
- county or residence history
- court case number
- physical descriptors where lawfully public
- fingerprint confirmation when officially required
Employment criminal background checks and the FCRA
When an employer obtains a criminal or other background report from a company in the business of compiling consumer information, the report can be a consumer report under the Fair Credit Reporting Act (FCRA).
Federal Trade Commission guidance says employers using these reports for employment decisions must follow specific procedures.
The Equal Employment Opportunity Commission also enforces federal nondiscrimination laws. EEOC guidance emphasizes that the fact of an arrest does not itself establish that criminal conduct occurred and that criminal-history policies must comply with applicable civil-rights law.
FTC employer guidance EEOC applicant guidanceCriminal background checks for rental housing
Tenant-screening companies can provide landlords with consumer reports containing criminal history, rental history, eviction data, credit information or risk recommendations.
The FTC states that these tenant background reports are consumer reports subject to the FCRA. If a landlord takes an unfavorable action based wholly or partly on a consumer report, FCRA adverse-action obligations can apply.
FTC landlord background-check guidanceAccuracy matters in background-screening reports
Consumer reporting agencies are required under the FCRA to use reasonable procedures designed to assure maximum possible accuracy.
Federal regulators have specifically identified several recurring criminal-background problems:
- a criminal record belonging to another person
- duplicate entries for the same criminal case
- missing final case dispositions
- records that have been expunged or sealed
- legally obsolete information
- information presented in a misleading way
The Consumer Financial Protection Bureau has stated that background-screening companies should have procedures designed to prevent reporting public-record information that is duplicative, expunged, sealed or otherwise legally restricted from public access.
CFPB background-screening guidanceWhat to do when a criminal background report is wrong
First determine where the mistake exists. An error can originate with a court, police agency, state criminal-history repository, FBI record or background-screening company.
Get a copy of the report
Identify the exact record, case number, jurisdiction and background-reporting company involved.
Locate the original government record
Compare the consumer report with the official court disposition or criminal-history record.
Correct the source if necessary
If the government record itself is wrong, follow that court, state repository or FBI record-correction procedure.
Dispute the consumer report
If the background company misreported or mismatched the record, use the FCRA dispute process and provide supporting documents when available.
Does a criminal background check only go back seven years?
There is no single nationwide rule saying that every criminal record disappears from every background check after seven years.
Under the federal FCRA, many adverse items are generally subject to a seven-year consumer-reporting limitation. Criminal convictions, however, are not subject to that same federal seven-year reporting limit. State laws can impose additional restrictions.
| Information | General federal FCRA concept | Important caution |
|---|---|---|
| Criminal conviction | No general federal seven-year reporting cutoff for convictions | State law may still impose a shorter restriction or other use limitation. |
| Arrest / other adverse non-conviction information | Often subject to the FCRA’s seven-year reporting rule | The exact calculation and applicable exceptions can be legally complex. |
| Public court record searched directly | Different from a CRA consumer-report limitation | Courts have their own public-access, sealing and retention rules. |
| Expunged or sealed information | Should not simply be treated as ordinary reportable public information | Rules depend on the jurisdiction and type of sealing order. |
Practical criminal background records search tips
Start with jurisdiction
Knowing where a person lived, was arrested or was prosecuted is often more useful than starting with a national people-search site.
Use more than a name
Date of birth, middle name, filing year and case number can prevent mistaken matches.
Read the disposition
A filing or arrest tells only part of the story. Find out how the case ended.
Separate state and federal
State court portals do not replace PACER, and PACER does not search state or county cases.
Search former names
Maiden names, previous legal names and known aliases can matter when a database permits them.
Check the clerk for old files
Older criminal files may predate online court indexes and require archive or courthouse access.
Verify commercial reports
Compare important screening results against the underlying government record where possible.
Don’t bypass legal process
Employment and tenant screening may require consent, disclosures and adverse-action procedures.
Save court documentation
If your own case was dismissed, sealed, expunged or corrected, keep the official order or disposition.
Quick official-source directory
| What you need | Official starting point | What it covers |
|---|---|---|
| Your own FBI criminal-history record | FBI Identity History Summary | Fingerprint-based personal FBI criminal-history review. |
| Your state’s criminal-history repository | FBI State Identification Bureau Listing | Official contact directory for state criminal-history agencies. |
| Federal criminal court case | PACER Find a Case | Federal district, appellate and bankruptcy court records. |
| Federal inmate | BOP Inmate Locator | Federal inmates from 1982 to the present. |
| Public sex-offender registry search | DOJ National Sex Offender Public Website | Participating state, territorial and tribal public registries. |
| Employment background-check rules | FTC / EEOC Employer Guidance | FCRA and federal discrimination-law basics. |
| Tenant background-check rules | FTC Landlord Guidance | Consumer-report and adverse-action requirements for housing. |
Criminal background check records: frequently asked questions
1. Is there one national public criminal-record database for everyone?
No. Criminal records are distributed among state criminal-history repositories, state and county courts, local law-enforcement agencies, correctional systems and federal courts. The FBI maintains criminal-history information, but its personal Identity History Summary service is fingerprint-based and is not a public name-search database.
2. Can I check my own FBI criminal record?
Yes. The FBI provides an Identity History Summary process for individuals to review their own fingerprint-based FBI criminal-history information and challenge information they believe is inaccurate.
3. How do I find my state’s official criminal-history agency?
Use the FBI State Identification Bureau Listing. It provides the official criminal-history agency contact for every state and the District of Columbia.
4. Does a criminal background check show arrests that did not lead to conviction?
It can depend on the source, state law, record age and purpose of the report. Arrest records may exist even when there was no conviction, but an arrest must not be treated as proof that criminal conduct occurred.
5. Where can I search federal criminal cases?
Use PACER, the federal judiciary’s Public Access to Court Electronic Records service. If you do not know which federal court handled the case, use the PACER Case Locator nationwide index.
6. Are federal inmate records the same as federal court records?
No. PACER contains federal court-case information, while the Federal Bureau of Prisons Inmate Locator shows federal custody information for inmates incarcerated from 1982 to the present.
7. Do employers need permission to run a background check?
When an employer obtains a consumer background report from a background-reporting company, federal FCRA rules generally require a standalone disclosure and written authorization before the report is obtained. State or local requirements can add further protections.
8. Can criminal convictions appear after seven years?
Yes. The federal FCRA does not impose the general seven-year consumer-reporting limit on criminal convictions. State laws may impose additional limits, so the applicable jurisdiction must also be checked.
9. What should I do if a background report lists another person’s criminal record?
Obtain the report, identify the incorrect entry, compare it with official government records and dispute the inaccurate information with the background-reporting company. If the original government record is incorrect, use that agency’s correction procedure as well.
10. Does a blank online court search prove someone has no criminal record?
No. Records may exist in another county or state, under a former name, in federal court, outside the online system’s historical range, in an archive, or under restricted public-access rules.
Official sources used for this guide
- Federal Bureau of Investigation — Identity History Summary Checks
- FBI — State Identification Bureau Listing
- PACER — Find a Federal Case
- Federal Bureau of Prisons — Inmate Locator
- U.S. Department of Justice — National Sex Offender Public Website
- FTC / EEOC — Background Checks: What Employers Need to Know
- FTC — Employer Background Checks and Your Rights
- FTC — Using Consumer Reports: What Landlords Need to Know
- Consumer Financial Protection Bureau — Background Screening and the FCRA
- EEOC — Background Checks: What Applicants and Employees Should Know