What is a National Criminal Background Check? Complete Guide for 2025

In today’s hiring landscape, trust and safety matter more than ever, starting with smart screening practices. With over 94% of employers now conducting background checks, it’s essential to understand what a national criminal background check is and why it plays such a vital role in protecting workplaces.

This type of screening offers a broader view of a candidate’s criminal history by pulling data from multiple jurisdictions, not just one state. While it’s a powerful tool for spotting red flags early, its limitations mean employers need to use it carefully and in context.

What is a National Criminal Background Check?

A national criminal background check is a comprehensive screening tool that searches multiple databases across the United States to uncover information about an individual’s criminal history. Unlike localized searches that focus on specific jurisdictions, a national criminal records search casts a wider net by querying approximately 2,800 databases sourced from state and county agencies nationwide.

These criminal searches can be categorized into national, federal, state, and county searches, each differing in scope and detail. National searches cover multiple jurisdictions, federal searches focus on federal crimes, state searches are limited to state-level offenses, and county searches provide the most detailed local information.

These searches compile information from various sources, including:

• State criminal repositories
• County court records
• Sex offender registries
• Domestic terrorist watch lists
• Incarceration records
• Department of Corrections databases

However, it’s important to understand that despite the name “national,” these checks don’t access a single, all-encompassing federal database containing every criminal record in the country. Instead, they aggregate information from numerous sources, each with varying degrees of completeness and currency.

How National Criminal Background Checks Work

A national criminal background check typically begins with verifying the candidate’s identity through a Social Security Number (SSN) trace. This step confirms the individual’s identity and reveals previous addresses, which guide the search across multiple criminal databases nationwide.

When a potential record—or “hit”—is found, it isn’t reported immediately. Instead, professional screeners verify the information directly with the original source, such as a county or state court, to ensure it’s accurate and up to date. This verification is essential for Fair Credit Reporting Act (FCRA) compliance and helps prevent false positives that could unfairly affect the candidate.

Most national checks are completed within 1–3 business days, but court-level verification may take longer. Partnering with a trusted background check provider ensures the entire process remains accurate, compliant, and fair.

Types of Checks

Employers use different types of background checks depending on the role and level of scrutiny required. These include:

• National Criminal Background Checks: Provide a broad search of criminal records across multiple states and jurisdictions. Commonly used for general employment screening.
• County Criminal History Searches: Offer detailed, up-to-date information about a candidate’s criminal history in a specific county. Often considered the most accurate for local offenses.
• Federal Background Checks: Search for criminal records at the federal level, such as crimes prosecuted in U.S. district courts. Typically used for roles requiring high-level security clearance.

Employers may use one or a combination of these checks to get a complete picture of a candidate’s background.

What Information Appears on a National Criminal Background Check?

Felony Records

Felonies are the most serious type of criminal offense, and a national criminal background check typically reveals convictions for crimes such as assault, murder, arson, burglary, fraud, embezzlement, drug trafficking, and sex offenses. These records usually include the offense date, charge, outcome, and sentencing details. For employers, felony convictions require careful review, especially if the offense is relevant to the job’s responsibilities.

Misdemeanor Records

Misdemeanors are less severe than felonies, but still appear on national criminal background checks. They may include offenses like petty theft, vandalism, disorderly conduct, DUI, and public intoxication. Records often show pending cases and should be assessed in context, considering the offense’s relevance, timing, and any patterns of behavior.

Infractions and Violations

Minor infractions such as traffic violations or noise disturbances may appear on some background checks but are usually less relevant to hiring decisions. Under the Fair Credit Reporting Act, arrests older than seven years without convictions are generally excluded from reports for roles paying under $75,000 annually.

How Long Does a Check Take?

The time it takes to complete a background check can vary depending on the type of check and the provider. Some background checks, such as national criminal background checks, can be completed quickly, often in a matter of minutes. Others, such as county criminal history searches, may take longer because they require manual searches of court records.

On average, a background check can take anywhere from a few hours to several days to complete. Employers should choose a background check provider that can provide fast and accurate results to minimize delays in the hiring process.

Limitations of National Criminal Background Checks

Despite their extensive reach, national criminal background checks have significant limitations that employers should understand:

1. Incomplete Coverage: Not all counties and states report to the databases that make up the national search. Some jurisdictions lack digital records or have restrictions on sharing information.
2. Delayed Updates: Database updates occur at varying frequencies. Some jurisdictions update records daily, while others might update quarterly or even less frequently.
3. Missing Disposition Information: Often, arrest records appear without final disposition information, leaving employers uncertain whether the case resulted in conviction, dismissal, or acquittal.
4. Inconsistent Identifiers: Records might lack complete identifying information, increasing the risk of false positives or false negatives.

Due to these limitations, relying solely on a national criminal background check without supplementary searches can leave significant gaps in your screening process.

The Importance of Complementary Searches

County Criminal Checks

County-level searches represent the gold standard for criminal background checks for several reasons:

• County courts are the primary repositories for most criminal case records, known as county records, which are crucial for obtaining detailed and accurate criminal history information
• Information is typically more complete and up-to-date
• Disposition and sentencing details are more readily available
• Records include proper identifying information for accurate matching

For positions requiring thorough screening, searching counties where the candidate has lived and worked is essential.

State Criminal Checks

State criminal background checks bridge the gap between national and local searches by incorporating state and county-level checks. Some states maintain relatively comprehensive repositories that compile records from their counties. However, state database quality varies significantly:

• Some states maintain robust, searchable databases
• Others have incomplete or fragmented systems
• Many have specific restrictions on what information can be accessed and by whom

Federal Background Checks

Federal crimes—such as interstate trafficking, bank robbery, kidnapping, and certain fraud offenses—are prosecuted in the federal court system and typically don’t appear in standard national background checks. To ensure complete criminal history checks, employers should include federal searches alongside national and county-level screenings, especially for high-risk roles. Federal laws govern the use of these checks, helping employers meet compliance standards while promoting fair and accurate hiring practices.

Working with a Background Check Provider

Working with a background check provider can simplify the background screening process and ensure compliance with applicable laws. A reputable provider will have access to nationwide databases and can provide accurate and up-to-date information about a candidate’s background.

Employers should choose a provider that is certified by the National Association of Professional Background Screeners (NAPBS) and complies with the FCRA. A good provider will also offer guidance on the background screening process and help employers make informed hiring decisions.

Legal Framework for National Criminal Background Checks

Fair Credit Reporting Act (FCRA)

The FCRA regulates the collection, dissemination, and use of consumer information, including criminal background checks performed by consumer reporting agencies. Key requirements include:

• Written consent from the candidate before conducting a background check
• Pre-adverse action notification if adverse information is found
• Providing a copy of the background report to the candidate
• Giving candidates an opportunity to dispute inaccurate information

Employers who fail to comply with FCRA requirements face potential lawsuits and significant penalties.

Equal Employment Opportunity Commission (EEOC) Guidance

The EEOC enforces Title VII of the Civil Rights Act, which prohibits employment discrimination. Its guidance on criminal background checks recommends:

• Conducting individualized assessments of criminal records
• Considering the nature and gravity of the offense
• Evaluating the time elapsed since the offense
• Examining the relevance to the specific job duties

These considerations help prevent disparate impact discrimination, which occurs when seemingly neutral policies disproportionately affect protected groups. Following EEOC guidance helps prevent workplace discrimination and ensures fair hiring practices.

Ban the Box Laws

Currently, 37 states and over 150 localities have adopted some form of “Ban the Box” legislation, which restricts when employers can inquire about criminal history. These laws generally:

• Prohibit criminal history questions on initial job applications
• Delay background checks until later in the hiring process
• Require individualized assessment of criminal records

Employers operating across multiple jurisdictions must navigate these varying requirements carefully, often developing tiered approaches to screening based on location. Additionally, they must ensure compliance with local laws in conjunction with federal and state regulations when conducting background checks.

The Importance of Accuracy

Accuracy is essential in background checks, as hiring decisions rely on current and reliable information. Employers should work with providers that verify records thoroughly and understand the limitations of these checks. To make well-rounded decisions, background checks should be used alongside interviews, reference checks, and other screening tools. Employers must also stay informed about regulations like ban-the-box laws to ensure their process remains fair, compliant, and effective.

Best Practices for Employers

When to Use National Criminal Background Checks

Pre-employment background checks are most effective as an initial screening tool to help identify where deeper, county-level searches should be conducted. They allow employers to verify a candidate’s history and flag potential risks while staying compliant with federal and state regulations.

National criminal checks are most useful when combined with county searches, included in a broader screening program, and applied consistently across similar roles. They’re especially valuable for jobs involving financial duties, security access, vulnerable populations, or driving responsibilities.

Interpreting Results Effectively

When reviewing national criminal background check results, employers should:

1. Verify that the record actually belongs to the candidate
2. Ensure the information is complete, including disposition
3. Consider timing, relevance, and severity in relation to the position
4. Apply consistent standards across similar candidates
5. Document decision-making processes

Consistency in evaluation helps protect against discrimination claims while ensuring fair treatment of all candidates. Additionally, background reports should be accurate and complete to ensure fair treatment of all candidates.

Conclusion

National criminal background checks play a vital role in today’s hiring process, offering a broad overview of a candidate’s criminal history. While they’re powerful tools for identifying potential risks, they’re most effective when combined with county, state, and federal searches. Employers must also navigate legal requirements, prioritize accuracy, and evaluate results fairly to ensure a compliant and effective screening process.

Ready to make confident hiring decisions backed by accurate, compliant background checks? Sapphire Check delivers fast, reliable national criminal background screenings tailored to your business needs. Whether you’re hiring for sensitive roles or building a safer workplace, our team ensures every report meets FCRA standards and industry best practices. Contact us today to streamline your screening process with a trusted partner.

FAQs

What is the most common criminal background check?

The most common criminal background check is a combination of a national criminal database search and county-level checks where the candidate has lived and worked, as this provides both breadth and depth of coverage.

What is the difference between a national and federal background check?

A national criminal background check searches state and county databases for criminal records across the country, while a federal background check specifically searches the federal court system for federal crimes like interstate trafficking, bank fraud, and kidnapping.

What does a national background check cover?

A national background check covers criminal records from approximately 2,800 databases nationwide, including state repositories, county court records, sex offender registries, incarceration records, and domestic terrorist watch lists, though coverage varies by jurisdiction.

How far back does a national criminal background check go?

Under the FCRA, national criminal background checks can report convictions indefinitely, while non-conviction records are typically limited to seven years for positions paying less than $75,000 annually, though many states have enacted more restrictive reporting periods.