What is a Federal Criminal Background Check? A Quick Guide

Nearly all employers conduct background checks, but many aren’t clear on the specifics. So, what is a federal criminal background check? It’s a screening tool that looks for offenses prosecuted at the federal level, such as white-collar crimes, drug trafficking, and crimes that cross state lines, offering a deeper look than standard state or local checks.

These checks are especially important for roles involving national security, sensitive information, or regulated industries. In this guide, you’ll learn what a federal criminal background check includes, how it works, and why it’s a critical part of today’s hiring process.

What is a Federal Criminal Background Check?

A federal criminal background check is a specialized screening that searches records from the federal court system to uncover convictions, pending cases, and other legal matters prosecuted at the federal level. Unlike state or local checks, it focuses on crimes under federal jurisdiction, including those handled by federal agencies and courts.

This process involves reviewing records from all 94 federal district courts across the U.S. and covers offenses like tax evasion, embezzlement, kidnapping, and drug trafficking. Federal criminal background checks are unique because they target serious crimes that often span multiple jurisdictions, involve federal property or employees, or violate federal laws.

When Federal Criminal Background Checks Are Essential

Federal criminal background checks become essential in several specific scenarios. Most employers use them as part of comprehensive pre-employment background checks for positions that require security clearance or involve handling sensitive information. Federal employment opportunities almost always require these specialized screenings, as do positions with federal contractors and federal agencies.

Industries that frequently rely on federal background checks include banking and finance, healthcare, education, transportation, and any sector that deals with national security matters. Law enforcement officers and federal employees routinely undergo these screenings as part of their hiring process and ongoing employment requirements.

Federal vs FBI Background Checks: Key Differences

Many people confuse federal criminal background checks with FBI background checks, but they serve different purposes and access different data. While both involve federal-level screening, the type of information they reveal and how they’re obtained vary significantly.

Federal criminal background checks focus on federal court records, including convictions and pending cases, and are typically used by employers through professional screening services. In contrast, FBI background checks are more extensive, often requiring fingerprinting, and pull data from national law enforcement databases. These can include arrests, traffic violations, and other law enforcement interactions—even if they didn’t lead to convictions.

What Shows Up on a Federal Criminal Background Check

Federal criminal background checks reveal comprehensive information about an individual’s interactions with the federal court system. The federal background check report typically includes detailed information about federal crimes, convictions, and pending cases that fall under federal jurisdiction.

Types of Federal Crimes Included

• White-Collar and Financial Crimes: These federal offenses include tax evasion, embezzlement, securities fraud, money laundering, and various forms of financial misconduct. Such crimes are particularly relevant for positions involving financial responsibilities.
• Violent Federal Crimes: More serious federal criminal records include convictions for kidnapping, bank robbery, terrorism-related offenses, and crimes involving firearms. These convictions typically have the most significant impact on employment prospects.
• Drug-Related Federal Offenses: Federal drug crimes include trafficking, distribution, and manufacturing charges that cross state lines or involve federal property.
• Crimes Against Federal Property: Federal background checks identify crimes committed on federal land, against federal employees, or involving federal property, including offenses against law enforcement officers.

Additional Information Included

Beyond criminal convictions, federal background checks can reveal:

• Civil Judgments: Cases involving federal law violations that result in civil penalties
• Tax Liens: Federal tax liens that indicate financial responsibility issues
• Bankruptcy Records: Federal bankruptcy filings for positions involving financial responsibilities

How Federal Criminal Background Checks Work

The federal background check process involves accessing the Public Access to Court Electronic Records (PACER) database, which contains over one billion documents from federal courts. This system provides comprehensive access to federal court records across all 94 federal district courts.

The Process Steps

1. Information Collection: Gathering the candidate’s full name, date of birth, and Social Security number
2. Consent Verification: Ensuring proper consent forms are completed per federal law
3. Database Search: Accessing federal court records through PACER or professional services
4. Record Verification: Confirming the accuracy and completeness of found records
5. Report Generation: Compiling findings into a comprehensive background check report

Processing Methods

• Direct PACER Access: Employers can search directly through PACER, but this requires technical knowledge and can be time-consuming. Current fees include $30 per name searched plus additional charges for document retrieval.
• Professional Background Check Provider: Most employers choose to work with experienced providers who can conduct federal background checks more efficiently and accurately, typically completing searches within 1-3 business days.

Legal Requirements and Compliance

Federal criminal background checks must comply with the Fair Credit Reporting Act (FCRA), which protects job candidates’ rights during the background check process.

Key FCRA Requirements

• Disclosure and Consent: Employers must provide clear written notice that a background check will be conducted and obtain written consent from the candidate before proceeding.
• Adverse Action Process: If an employer decides not to hire someone based on background check results, they must follow specific procedures, including providing pre-adverse action notices and allowing time for the candidate to dispute findings.
• Accuracy Requirements: Employers must use reputable background check providers and ensure the information used in hiring decisions is accurate and up-to-date.

Time Limitations

The FCRA sets specific limits on how far back certain information can be reported:

• Criminal Convictions: Can be reported indefinitely
• Arrests without Convictions: Limited to 7 years for most positions
• Civil Judgments and Tax Liens: Limited to 7 years
• Bankruptcy Records: Limited to 10 years

However, these limitations may not apply if the candidate’s expected salary exceeds $75,000 or for positions involving national security.

Industries Requiring Federal Criminal Background Checks

Several industries regularly require federal criminal background checks as part of their standard hiring process:

• Financial Services: Banks, credit unions, and investment firms need to screen for financial crimes and fraud-related convictions.
• Healthcare: Medical facilities often require federal checks to ensure compliance with regulations and protect patient safety.
• Transportation: Airlines, trucking companies, and shipping firms need to verify that candidates don’t have federal transportation-related violations.
• Government and Defense: Federal positions and federal contractors require comprehensive screening for security clearance purposes.
• Education: Schools and universities often conduct federal checks, particularly for positions involving children or federal funding.

Cost and Timeline Considerations

The federal background check cost varies depending on the method used and the depth of screening required.

• Direct PACER Costs: Searching directly through PACER costs $30 per name plus additional fees for document retrieval, but requires technical expertise and time investment.
• Professional Services: Background check providers typically charge $10-50 for federal criminal searches, often as part of comprehensive screening packages.
• Processing Time: Most professional services complete federal background checks within 1-3 business days, while direct PACER searches can take longer, depending on the complexity of records found.

Conclusion

Federal criminal background checks play a vital role in today’s hiring process, especially for roles that demand high levels of trust, compliance, and security. By focusing on offenses prosecuted in the federal court system, these checks provide a deeper and more targeted look at a candidate’s history than state or local screenings. Understanding what is a federal criminal background check empowers both employers and job seekers to navigate the hiring process with clarity, confidence, and compliance in mind.

At Sapphire Check, we specialize in fast, accurate, and FCRA-compliant federal criminal background checks tailored to your industry’s needs. Whether you’re hiring for sensitive roles or seeking a detailed report for your own records, our team makes the process easy and reliable. Contact us today to streamline your background screening with confidence.

FAQs

What is a federal criminal background check online?

A federal criminal background check online searches federal court records digitally through databases like PACER to identify federal crimes and convictions. These can be conducted directly or through professional screening services.

What disqualifies you from a federal background check?

Serious felony convictions like terrorism, treason, murder, major fraud, and dishonesty during the application process typically disqualify candidates. Specific disqualifiers vary by position and industry requirements.

What is a federal criminal background check for employment?

It’s a pre-hiring screening that checks for federal criminal convictions to help employers make safe, informed hiring decisions. These checks ensure compliance with industry regulations and reduce workplace risks.

How far back does a federal background check go?

Criminal convictions can be reported indefinitely, while arrests and non-convictions are typically limited to 7 years. Time limitations may not apply to high-salary positions or national security roles.