Criminal Background Checks: What Employers Need to Know

Criminal background checks are one of the most common — and most regulated — parts of the hiring process. Employers rely on them to protect their workplace, customers, and reputation, while also meeting legal and industry-specific requirements. Understanding how criminal background checks work, what they include, and how to use them properly is essential for compliant and fair hiring.

At Confirmify, we help employers use criminal background checks responsibly, efficiently, and in full compliance with applicable laws.

What Is Included in a Criminal Background Check?

A criminal background check searches public records to identify reportable criminal history associated with a candidate. The scope of the check depends on the role, location, and screening package selected.

Common components include:

County criminal court searches for detailed, jurisdiction-specific records
State criminal records where available
National criminal database searches to identify potential records across multiple jurisdictions
Federal criminal searches for crimes prosecuted at the federal level
Sex offender registry checks, especially for roles involving vulnerable populations

Criminal background checks typically report convictions and, where legally permitted, certain pending cases. Reporting rules vary by state and local law, and Confirmify ensures all results are legally reportable and job-relevant.

How Employers Can Use Criminal History Legally

Employers cannot use criminal background checks arbitrarily. Federal, state, and local laws regulate how criminal history may be considered in hiring decisions.

Key legal considerations include:

Fair Credit Reporting Act (FCRA) requirements for disclosure, consent, and adverse action
Ban-the-box laws, which restrict when criminal history can be reviewed
EEOC guidance, encouraging individualized assessments rather than automatic disqualification
State and local restrictions on reporting timeframes or offense types

Best practice is to evaluate criminal history based on the nature of the offense, how long ago it occurred, and its relevance to the job. Confirmify supports compliant decision-making by aligning screening workflows with current legal standards.

Timing, Turnaround, and Best Practices

Criminal background checks are often one of the fastest components of a background screening when handled correctly.

Typical turnaround times include:

Same-day to 24 hours for national database searches
1–3 business days for county-level court searches, depending on jurisdiction

To keep the process efficient and compliant, employers should:

Run criminal background checks after extending a conditional offer
Use consistent screening criteria for the same role
Document hiring decisions and rationale
Train hiring managers on lawful use of criminal history

Employers who partner with Confirmify typically see a 30–50% reduction in turnaround time, with most background checks completed within 8 hours to 3 days.

Why Choose Confirmify?

Confirmify helps employers conduct criminal background checks that are fast, compliant, and easy to manage. Our platform allows you to customize searches by role and location, apply screening standards consistently, and meet all FCRA and fair hiring requirements without slowing down your hiring process. With average turnaround times of 8 hours to 3 days, transparent pricing, and no subscriptions, Confirmify gives you the confidence to use criminal background checks effectively while protecting your business and candidates alike.

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