Checkr: National, Federal, and County Searches

The difference between National, Federal, and County Searches

In this article you will learn how to:

• Distinguish between Federal Criminal and National Criminal Database searches which are frequently mixed up
• Set expectations about which search does and doesn’t do
• Ensure that you are ordering the proper background check package for your business requirements

Most background checks include some type of criminal records check, but the term “criminal records” can be ambiguous. One common area of confusion is the differences between Federal Criminal searches and National Criminal Database searches. Additionally, these are different from County criminal searches, where most detailed records are found.

To clear up two misconceptions:

• Federal and National searches are not the same
• Neither supersedes county-level searches. In other words, they won’t find everything that a county criminal search will.

National Criminal Database Search

Summary:

• A multi-jurisdictional database search consisting of over 1,800 databases that is used to develop “pointers” to other types of criminal records
• Not a federal criminal or FBI/DOJ search

What it is:

• A database search of 3,200 US counties

What it is not:

• An FBI or Department of Justice search
• A thorough search of Federal Criminal records

The term “National Criminal Database” is a bit of a misnomer, in that the search does not cover all of the United States. There are 1,800 databases accessed in one aggregate search, while there are 3,200 counties in the US.

It’s also not a search of FBI/DOJ databases. Unless there is a statute authorizing private industries to have access, only law enforcement agencies and private industries authorized by law (child care, financial institutions, healthcare) may access FBI data. These searches can only be conducted through positive identification (e.g., fingerprinting).

So what is a National Criminal search? The National Criminal Database search is a “pointer” database search typically used as secondary criminal records search tool. In other words, it “points” to other potential criminal records that may exist for a candidate.

This database contains over 33 million records from various county and state agencies covering roughly ⅓ of the United States. Data aggregators scour these county and state agencies, continuously updating the database.

This search is used in virtually every criminal background check to find additional “hits.” Once a “hit” is identified, Checkr dispatches researchers to the county where the national criminal search shows a possible record to obtain:

• Additional identifiers to confirm it belongs to the individual in question
• Complete and up-to-date case information (e.g., disposition, status)

Note: A search of the National Criminal Database without county-level searches would be inadequate -- information found during the National Criminal Database search is often not up-to-date or complete and is only used for pointer purposes. A county-level search would always be required to obtain complete and accurate information.

Federal Criminal Search

Summary:

• A search of criminal records in all 94 federal jurisdictions, including U.S. territories
• Does not include records for individual counties (i.e. offenses that didn’t occur at the federal level)
• Not a FBI/DOJ search

What it is:

• A search of criminal records at the federal level.

What it is not:

• An FBI or Department of Justice search
• A search of state/county criminal records

Federal Criminal Searches use the US Federal Government’s PACER criminal record system, which covers all 94 federal jurisdictions. Federal criminal offenses usually fall into the following categories:

• Crimes against federal employees (postal carriers, TSA employees, etc.)
• Crimes committed on federal land (e.g., national parks)
• Bank robberies (all banks are protected by the FDIC, a federal department)
• Commissions of crimes across state lines (e.g., a kidnapping occurring in California which crosses into Nevada, large-scale conspiracies)
• Drug cases involving large distribution network(s)
• Child Pornography (internet allows for transmission across state and country borders)
• It can be easy to confuse a “federal criminal search” with the “national criminal database” (described above) and state/county-level criminal searches. Unlike these other records, federal criminal records are only accessible through a specific federal criminal search.

County Criminal Search

Summary:

• A search of criminal records in an individual county
• Not a FBI/DOJ search

What it is:

County criminal records, which make up the majority of criminal offenses, are located in county courthouses across the 3,200 counties in the US. Thus, they will not be found in a federal search. Oftentimes the existence of a county criminal record is determined by conducting a search in the aforementioned National Criminal Database search, which is used as a pointer to county or state records.

All felony and misdemeanor criminal records, regardless of disposition (guilty, dismissed, etc.) and whose cases are tried in local jurisdictions, are housed at the county court.

A comprehensive criminal background check should include county, federal, and national database searches, all of which are offered as part of Checkr’s screening packages.

What it is not:

• An FBI or Department of Justice search
• A thorough search of federal criminal records
• A search of national criminal databases