Getting a new job is exciting, but it can also be nerve-wracking if you have a criminal record. As you fill out the application and prepare for interviews, you know a background check is coming. What exactly will it turn up from your past? Will that reckless behavior from your youth come back to haunt you?

I’ve been there myself. Many years back, I made some mistakes that led to minor convictions. When I decided to get my life on track and pursue a professional career, I was worried those long-ago offenses would derail my plans.

Through my own experience and research, I learned a lot about what basic background checks look for, what they miss, and how far back they go. I also figured out steps to limit what can be seen.

If you have a prior record, I know you may be anxious about background checks too. I decided to write this guide to explain what basic criminal background checks cover and don’t cover. I’ll also share tips to help put your past behind you when job hunting.

I’m not a legal expert, so this isn’t formal legal advice. But I hope by sharing my own knowledge, it makes you feel more prepared and less stressed when applying for jobs. Let’s jump in!

What Exactly is a “Basic” Background Check Anyway?

The term “basic background check” gets tossed around a lot, but what does it really include? That depends on a few key factors:

Who’s doing it: Background checks are usually farmed out to third-party companies that specialize in screening. Top players are Sterling, HireRight, GoodHire, Checkr, and several others. Each has their own specific practices.

Who ordered it: The organization requesting the check – usually employers – chooses the level of screening. A “basic” check for a bank teller job looks different than a government security clearance!

Which state: States have all kinds of different laws around criminal records reporting and access. The same check in California won’t give the same results as in Texas or New York.

What’s the purpose: Checks for employment, housing, licenses, volunteers, etc. may cover different information based on relevance.

How deep they dig: Basic checks go past surface web searches, but don’t drill as deep as enhanced screenings (more on this later).

For employment purposes, a basic background check typically includes:

Search for serious felony/misdemeanor convictions at county level

Check statewide criminal records for convictions

Scan sex offender registries

Review terrorist watch lists

Search international sanctions lists

The key word is convictions. Arrests, charges without convictions, juvenile history, etc. are often excluded. These checks aim to uncover dealbreakers – not every minor offense.

I’ll go into more detail on what these basic employment checks cover (and what they miss!) throughout this guide. The scope can vary, so always ask the screening agency directly if you have concerns about specific records.

Okay, now that we’ve defined a basic background check, let’s look at what kind of records they dig up.

Types of Records Included in a Basic Check

Here are the typical types of criminal records and information sources searched in a basic pre-employment criminal background check:

Criminal Records

– Local and state criminal courtconvictions – Felony or misdemeanor convictions from county or statewide court systems that meet reporting requirements will show up in a basic check. This includes serious charges like theft, assault, sex crimes, drug offenses, fraud, etc.

– Most wanted lists – If the applicant is listed on any published most wanted lists and fugitive registries searched by the agency, it will appear on their background check. 

– Sex offender registries – Any registration by the applicant on state-level sex offender registries will be visible. Some states only include certain levels of sex crimes.

– Federal criminal records – Convictions for federal crimes like drug trafficking, bank fraud, or immigration violations that resulted in prison time will potentially show up if reported. Not all federal crimes meet the threshold for a basic check.

Sex Offender Registries

All state-level sex offender registries will be checked for the applicant’s name and personal details. Any past registration as a sex offender will be visible on the background check report.

Terrorist Watchlists 

The applicant’s name will be checked against all major terrorist watchlists maintained by the FBI and Homeland Security. Any suspected or confirmed matches will show up on the basic background check.

Global Sanctions Lists

Basic checks typically scan international sanctions lists and databases to identify any ties to global terrorism, drug smuggling, or human rights violations. Matches could negatively impact consideration.

What is NOT Included in a Basic Background Check

There are many records and data sources NOT searched or provided by basic pre-employment background checks. These include:

– Credit and financial records – Personal credit reports, bankruptcies, loan defaults, evictions, etc. are not included unless explicitly requested.

– Civil court cases – Lawsuits, divorce proceedings, small claims disputes and most civil case details are excluded from basic checks. 

– Minor traffic violations – Only serious traffic offenses like DUI or reckless driving may appear. Most routine traffic tickets do not meet the reporting threshold. 

– Juvenile crimes – Youthful offender cases are typically protected and excluded for basic checks unless state laws mandate reporting.

– Misdemeanors – Many minor misdemeanors like petty theft, trespassing, public intoxication etc. often do not appear on these checks. Policies vary between states.

– Arrests without convictions – Just being arrested or charged for a crime will generally not show up without a correlated conviction. Again, this varies based on state laws.

– Sealed, expunged or pardoned crimes – Past convictions cleared from an individual’s record or pardoned are not visible on a basic background check. 

– HR records – No personnel files, employment history, medical records, or non-public business information will be included.

Always confirm with the screening agency what sources they check so there are no surprises on your background check report!

How Far Back Do Criminal Records Go? 

Most basic background checks go back 7-10 years for criminal records in an applicant’s history. However, some states may report older records as far back as the 1970s that meet regulations. 

Here are the typical time limits and reporting rules:

Arrest Records

Arrests without an associated conviction are not often included on basic checks. If they do show up, it is usually just 1-3 years retention in most states. Older arrest records get purged.

Charges and Convictions

Conviction records are retained much longer – often 7 years for misdemeanors and 10+ years for serious felony offenses. Some states do not time limit reporting serious convictions.

Sentencing Information 

Any probation, fines, or incarceration details associated with a conviction can remain on record along with the main offense. This data is kept per state laws and court policies.

State Differences in Criminal Records Reporting 

There can be considerable variability between states in terms of what criminal records are accessible and reported on background checks.

Here are some key differences:

– Ban-The-Box – A growing number of states limit or ban conviction history questions on job applications. This restricts when background checks can occur in the hiring process.

– Reporting rules – States have different classifications and reporting criteria for felonies, misdemeanors and infractions. Minor crimes in one state may qualify as reportable in another.

– Sealing and expungement – The ease of sealing or removing eligible crimes from public records varies a lot between states. Some offer little recourse while others routinely expunge cases after a set time.

– Juvenile records – Most states do not report juvenile crimes, but some do allow it for certain violent offenses or crimes committed past a certain age.

– Arrests – Many states limit reporting of outdated arrests without convictions, but some permit access to older arrest records.

– Pardons – General pardons that forgive past convictions are handled differently across states. Some convictions may continue to appear despite being pardoned.

Do your research on your state laws! Knowing reporting rules and eligibility for record expungement in a state is critical for job seekers with a criminal history.

Tips for Job Seekers with a Criminal Record

For job applicants with prior convictions, a criminal record can create anxiety and uncertainty around background checks during hiring. Here are some helpful tips:

Be Honest and Upfront

Always accurately disclose asked criminal history questions on job applications. Trying to hide past crimes can backfire and led to rejected offers or terminated employment if later uncovered. 

Get Your Records Expunged

If eligible, pursue expungement through the courts to clear charges and convictions from your record. This limits the information background checks can reveal.

Explain the Circumstances

If past crimes appear on a check, emphasize to employers how much time has passed, what you’ve learned, and steps taken to reform. 

Focus on Rehabilitation

Highlight reform-oriented activities like rehabilitation programs, volunteer work, educational achievement since your conviction as evidence of positive change.

Consider Getting Your Record Sealed 

In some states, pursue options to officially seal select criminal records from public view after a period of time. This shields records from background checks.

Know Your Rights

Understand federal and state labor laws that protect against discrimination solely based on criminal histories to guard against unfair treatment.

Stay patient and persistent when job searching. With the right employer, your character, knowledge and skills will show your ability to contribute. Focus on your future potential, not past mistakes.

Conclusion

Basic pre-employment background checks can reveal select past criminal records, but have limits in what records they cover. The type of crimes, reporting rules, retention periods, and scope of these checks varies considerably between states. 

Job applicants can expect them to uncover serious felonies and misdemeanors in their recent history based on the state’s specific guidelines. By understanding what these checks entail and exercising their rights, job seekers with criminal histories can advocate for fair consideration.