A criminal background check is an investigation into a candidate's criminal history. It can show felony and misdemeanor convictions, infractions, and pending criminal cases.
Most employers agree that criminal background checks are part of building a safe, compliant workplace. Whether you are setting up your first screening program or refining one you have run for years, the way you run a check shapes the quality of the hiring decision and your exposure under state and federal law.
KRESS has been running background checks for over 35 years. This guide covers what employers need to know about criminal background checks in 2026: the types of search, how long each one takes, what the FCRA requires, and the new state laws that have shifted the compliance picture in the last twelve months.
What does a criminal background check show?
A criminal background check searches court records and databases for a candidate's criminal history. The results can include felony convictions, misdemeanor convictions, pending cases, and, in some jurisdictions, arrest records. What appears depends on state law, how long ago the offense occurred, and whether the record has been sealed or expunged.
A thorough background check usually combines several search types.
County-level searches
County searches go directly to the county courts to find felony and misdemeanor convictions, pending criminal cases, and arrest records where local laws permit.
KRESS County Criminal Searches cover more than 3,000 felony and misdemeanor courts across the United States. We pull from superior, upper, lower, and municipal court records as they are publicly available.
Our policy is to match every record to the candidate using two or more identifiers. That extra step keeps clients out of the position of acting on the wrong person's record.
County searches give the most complete picture of criminal records at the local level, which is why they remain the cornerstone of any serious screening program and the strongest single tool for limiting hiring liability.
Statewide criminal search
State criminal repositories pull data from across a state, but coverage varies a lot. The Statewide Criminal Search is an aggregate database search that combines criminal record data from courts, law enforcement agencies, and corrections departments inside a single state. We run it using the candidate's name and date of birth.
Some states maintain strong, current databases. Others have real gaps in what individual counties report. Louisiana, Oregon, New York, Connecticut, North Dakota, South Dakota, and Wyoming have limited statewide coverage. California, Massachusetts, and Maine have no statewide coverage at all.
In those states, a county search is usually necessary for accuracy. Statewide searches still have value: the data is less current than direct county records, but the wider net catches records a county-only search might miss.
Federal district court searches
Federal district court searches reveal cases prosecuted in the federal courts. That includes certain offenses on federal property, multi-state fraud and trafficking schemes, counterfeiting, federal tax crimes, immigration violations, and some terrorism-related offenses.
These searches use PACER, the federal court system's electronic records system, which provides nationwide access to federal case dockets. Federal records are kept separately from county and state systems, so a county or state search will not capture them.
A federal criminal search matters most for roles in regulated industries, positions that touch federal funds or government contracting, and other sensitive positions where an undisclosed federal conviction would be a real risk. For a closer look at why federal records are so often left out of background checks and the one question worth asking your current provider, see our breakdown of federal criminal searches.
National criminal search
National criminal databases (sometimes called the National Criminal Search Index, or NCSI) pull from many sources to flag potential criminal history across jurisdictions. The search covers more than 500 million records from across the United States, Washington DC, Guam, and Puerto Rico, including all statewide aggregate databases.
A national search is useful for casting the widest possible net and surfacing records in places you would not have thought to look. The catch: a national database is only as current as the data each state and county feeds into it. If a jurisdiction does not push data regularly, or at all, the database has holes. National searches should supplement direct county searches, not replace them. KRESS does not recommend using the national database alone. The county courthouse is still the gold standard for accuracy.
Sex offender registry search
Sex offender registries in all 50 states and US territories identify registered sex offenders. The Sex Offender Registry Search compiles data from the registries in all 50 states and the District of Columbia and contains listings for more than 800,000 registered offenders.
This search matters because the U.S. Department of Justice has reported that the recidivism rate for sex crimes is roughly four times higher than for other crimes. A past sex offense may not appear on a person's criminal record because of time elapsed, but they can still be listed on the sex offender registry. State-specific rules govern how registry information can be used in hiring, so check the law where you operate.
Global watchlist search
Global watchlist searches (also called Terrorist Watchlist Searches) screen candidates against U.S. and international watchlists for individuals known or suspected to be involved in terrorism, narcotics trafficking, weapons proliferation, or organized crime. KRESS typically returns these searches within 24 hours, often sooner.
The Global Watch Search checks applicants against federal and international databases including the U.S. Terrorist Screening Database (TSDB), OFAC's Specially Designated Nationals (SDN) List, FBI Most Wanted, INTERPOL Most Wanted, and global sanctions lists, among others.
Why it matters: a watchlist hit catches risk that no criminal court search will find. The search supports compliance with the Patriot Act and OFAC regulations and prevents costly mistakes like hiring someone barred from working in the U.S. or already flagged by a federal agency.
A Global Watch Search is the right call for any role that touches sensitive systems, customer data, financial information, or secure facilities. That covers finance, logistics, security, government contracting, and most regulated industries. Use it for vendors and contractors who interact with your data, systems, or physical locations as well, especially under regulatory standards. KRESS verifies every match by hand to keep false positives out of the report.
What is the best way to get a criminal background check?
The best background check is the one tailored to the role, built from the right combination of searches, and run in compliance with federal and state law. Employers must obtain written consent from the candidate before ordering the check, as required by the Fair Credit Reporting Act.
Use a professional screening provider, not a DIY consumer site. Professional services like KRESS have direct access to county courts, state repositories, and federal records that consumer-facing sites cannot reach. We run each search carefully and report results accurately, with a human reviewing what is on the page before it goes to a hiring manager.
Make county searches your foundation. They access original court records directly, and they are the most accurate single source. Search every county where the candidate has lived, worked, or attended school based on their address history.
Layer in state and national searches. State and national databases catch records in jurisdictions you would not otherwise check. They should not be the only thing you run, but they extend coverage beyond known addresses.
Add federal court searches when the role calls for it. Federal cases will not appear in state or county records.
Verify with multiple identifiers. Get the candidate's social security number and at least seven years of address history. That is what makes sure the right jurisdictions are searched and the right person's record is matched to the result.
What criminal background check do most employers use?
Most employers building a screening program balance thoroughness with practical considerations: they tailor scope to the role, the industry, and their tolerance for risk.
A common pre-employment framework combines:
Search type | Coverage | Typical use |
County criminal searches | Records held at county courthouses where the candidate has lived, worked, or studied | Foundation for most pre-employment screening; identifies convictions at the source level |
National criminal database search | Multi-jurisdictional database of 500M+ records from courts, corrections, and other public sources | Surfaces potential records outside known jurisdictions that need county-level follow-up; not a standalone search |
State criminal repository search | State-level criminal records where repositories exist; coverage varies by state | Useful when statewide coverage adds confidence; less current than county records |
Federal district court search | Criminal cases prosecuted in U.S. federal courts | Important for roles involving federal regulation, interstate activity, government contracting, or federal compliance |
Sex offender registry search | All 50 state and DC sex offender registries, with 800,000+ registered offenders | Recommended for roles involving customer homes, children, vulnerable adults, healthcare, education, or unsupervised contact |
Enhanced or role-specific screening can include:
- A Global Watch Search for finance, security, government contracting, or compliance-driven industries
- International criminal searches for candidates with overseas work history or roles requiring global travel
- Extended lookback periods where legally permitted for senior or sensitive positions
- Ongoing rescreening or continuous monitoring for high-risk roles
A layered approach lets you keep coverage strong while keeping spend and compliance burden in check. Rather than running maximum screening on every candidate, calibrate the program to the specific risks and regulatory requirements of each position.
What is the fastest way to get a criminal record check?
Typical turnaround by search type:
- County criminal searches: 12 to 48 hours for most counties. Clear records can sometimes return faster than 12 hours. A handful of counties take longer depending on how their records are stored.
- Statewide criminal searches: 2 to 48 hours for most states, with many completed faster.
- National criminal search: Searches without records complete in a few hours. If records are found, completion takes within 24 hours.
- Sex offender registry search: 12 to 24 hours.
A few factors impact the timeline:
Complete candidate information speeds processing. Full legal name, seven-year address history, social security number, and date of birth are essential. Missing or wrong details cause delays while we verify identity and figure out which jurisdictions to search.
The number of jurisdictions matters. A candidate who has lived in one place for years clears faster than one who has moved across multiple states.
Court accessibility varies. Electronic access enables same-day searches. In-person courthouse visits, closures, holidays, and backlogs add time.
Verification can extend timelines. When a statewide or national search flags a potential record, KRESS orders a county search to confirm accuracy. That extra step is exactly why our reports hold up.
For urgent hires, tell us up front. Rush processing is sometimes available for critical positions, though feasibility varies by search type.
Legal requirements for conducting criminal background checks
Federal and state law set out clear requirements for running criminal background checks. Knowing them is the difference between a defensible hiring decision and a lawsuit.
The Fair Credit Reporting Act governs how employers use criminal records:
- Provide a standalone disclosure that a background check will be conducted.
- Obtain written consent before ordering the check.
- Provide a free copy of the report on request.
- Properly inform the candidate when adverse action is being considered.
- Send adverse action notices if a hiring decision is based on the report.
Ban-the-box laws now cover more than 37 states, the District of Columbia, and over 150 cities and counties. They restrict when employers can ask about criminal history during the hiring process. Requirements vary: some apply only to public employers or large companies, others cover everyone.
State laws also set limits on what records employers can consider. Many cap lookback at seven years and bar consideration of certain misdemeanor convictions, sealed records, or arrests without convictions.
EEOC guidance requires employers to weigh the nature of the offense, the time elapsed, and the relationship to the job before making a hiring decision. Blanket exclusion policies can violate federal anti-discrimination law.
Talk to employment counsel familiar with screening regulations in the jurisdictions where you hire.
2026 compliance updates every employer should know
The compliance picture has moved a lot in the last twelve months. If you hire in any of the jurisdictions below, the rules around criminal background checks have changed, and a screening program built on 2024 assumptions is already out of date.
Texas now has a statewide ban-the-box law
Texas enacted its first statewide ban-the-box law, HB 2466, effective September 1, 2025. The law applies to private employers with 15 or more employees and to public employers, with carve-outs for positions where criminal history review is required by law (law enforcement, healthcare, childcare, financial services, and similar regulated roles). Covered employers cannot ask about criminal history on the initial application; the inquiry has to wait until the candidate has been deemed otherwise qualified, invited for an interview, or extended a conditional offer. For employers running screening programs across the south, this is a real operational change. The standard Texas application form is no longer compliant for in-scope employers.
Philadelphia tightened its rules in January 2026
Philadelphia amended its Fair Criminal Record Screening Standards Ordinance, with the changes taking effect January 6, 2026. The misdemeanor lookback dropped from seven years to four. The lookback for felony convictions stays at seven. Protections now extend to current employees, not just applicants. Before taking adverse action based on a record, employers have to give written pre-decision notice with a copy of the criminal record used and wait at least ten business days for a response. If you hire in Philadelphia, your pre-adverse process needs to be reviewed against the new timeline.
Virginia Clean Slate law takes effect July 1, 2026
Virginia's Clean Slate law takes effect July 1, 2026. Many past convictions will no longer be visible on background checks because eligible records are sealed automatically. The practical implication: an employer relying on an old report or a non-FCRA database to find a sealed Virginia record is creating legal risk. Pull a fresh, FCRA-compliant report for every hire from July 1 onward.
Washington State Fair Chance Act amendments take effect July 1, 2026
Washington's amended Fair Chance Act takes effect July 1, 2026 for employers with 15 or more employees. Criminal history inquiries are restricted until after a conditional offer. Before adverse action, the employer has to hold the position open for at least two business days so the candidate can correct or explain the record, and the pre-adverse notice has to include the Attorney General's Fair Chance Act guide. Civil penalties run from $1,500 for a first violation up to $15,000 for repeat violations, enforced by the Washington AG. Employers with fewer than 15 staff have until January 1, 2027 to comply.
Clean Slate record sealing is expanding broadly
Pennsylvania, Virginia, Michigan, California, and the District of Columbia all have active or expanding clean slate laws. Records that previously appeared on background checks may no longer be reportable. Two practical takeaways:
Re-running an old report is not a substitute for ordering a fresh one. Sealed records sitting on a stored copy of an old report should not feed into a new hiring decision.
Non-FCRA databases and consumer-facing background check sites often retain sealed records for years after they have been removed from official sources. Using those sources for an employment decision creates exposure under the FCRA.
If you hire across multiple states, the safest position is to assume the rules have moved somewhere in your footprint within the last twelve months. Build a process that re-pulls reports from a Consumer Reporting Agency for every hire rather than reusing stored screening records.
For state-specific employment screening compliance, KRESS state guides cover Texas, Pennsylvania, Virginia, Washington, Michigan, California, and Washington DC in detail.
How KRESS can help
A well-run criminal background check is a proven tool for better hiring. Done carefully and compliantly, it protects the organization without unfairly excluding qualified candidates.
KRESS Employment Screening brings over 35 years of experience to running pre-employment background checks that hold up. Our services include criminal history searches at the county, state, and federal level, sex offender registry checks, the Global Watch Search, and screening packages tailored to your industry. We handle the work of pulling records across multiple jurisdictions while keeping the program compliant with the FCRA and state law.
Whether you are hiring your first employee or refining an established background check program, KRESS gives you the screening you need to make a good hiring decision and the documentation to defend it later.
Talk to KRESS about a screening program that holds up under the 2026 rules.