Criminal Database Search: Should You Rely on It Alone?
A criminal database search is fast, cheap and wide. However, it is not complete, and it is not always current.
This guide explains how nationwide databases work and where they fail. It also shows how to verify a hit before you decide.
Short answer: No. Use the criminal database search to locate possible records. Then, verify every hit at the county court before it reaches a hiring decision.
What Is a Criminal Database Search?
A criminal database search queries a private repository of criminal records. The repository pools data from state repositories, corrections departments, county courts, sex offender registries and other agencies.
Our nationwide criminal database search covers more than 2,400 sources across 56 jurisdictions. Moreover, it returns results in one to four hours for $17.
In contrast, a county courthouse search checks one court at a time. Therefore, the database reaches places a county search would never look.
That reach is the point. However, reach is not the same as accuracy. The full list of sources is on our criminal data sources page.
Criminal Database Search vs. County Court Search
The two searches answer different questions. The database asks “where might a record exist?” The court search asks “what does the record say today?”
| Factor | Criminal database search | County court search |
|---|---|---|
| Coverage | Thousands of sources nationwide in one query | One county at a time, where the applicant lived or worked |
| Speed | One to four hours | Usually one to three business days; longer in some counties |
| Price | $17 per search | $18 per county, plus court fees where charged |
| Currency | As of each source’s last update to the repository | Current court record, read on the day of the search |
| Dispositions | Often missing or stale | Confirmed from the docket |
| Expungements | May still show a sealed or expunged case | Reflects the current status of the case |
| Use in a decision | Locator only; verify first | Reportable under the FCRA after identity match |
Turnaround for county searches varies by court. Some clerks answer the same day; a few take a week or more.
Five Reasons a Criminal Database Search Can Be Wrong
Each of these gaps has produced a lawsuit against an employer or a screening company. Fortunately, each one has a simple fix: verify at the source.
- 1
Coverage gaps
The United States has more than 3,200 counties. Many courts do not report to any private database. Therefore, “no record found” may only mean “no record in the sources we hold”.
- 2
Stale data
Each source updates on its own schedule. A charge filed last month may not appear yet. Likewise, a case sealed or expunged last year may still show.
- 3
Mistaken identity
Databases match on first name, last name and exact date of birth. Common names produce false positives. Meanwhile, a data-entry error in the date of birth produces a false negative.
- 4
Missing aliases
A maiden name, a hyphenated name or a nickname can hide a record. Our name variation algorithms search three spellings at once. However, you still need to enter every name the applicant has used.
- 5
Missing dispositions
A database row often shows a charge but not the outcome. A jury may have acquitted the applicant, or the court may have dismissed the case. Read our guide to arrests vs. convictions.
- ✓
The fix
Order a county criminal court search wherever the database finds a hit, and wherever the applicant lived. The court record settles identity, charge and disposition.
What a Missed Record Costs
An employer ran county court searches only. It checked the two counties where the new hire had lived for ten years. Both came back clear, so the employer made the hire.
However, the hire carried a serious conviction from a county two states away. A nationwide criminal database search would have flagged it for $17. Instead, the employer learned of it after an incident at work.
The result was a negligent hiring claim. Consequently, the employer paid far more than the cost of every search it could have ordered.
The opposite failure is just as costly. Rejecting an applicant on an unverified database hit invites an FCRA claim. Moreover, many state laws add penalties of their own.
How to Use a Criminal Database Search the Right Way
Four steps turn a database hit into a defensible decision. Importantly, each step protects both the employer and the applicant.
- 1
Run the database search as a locator
Order the nationwide criminal database search first. It scans every source at once and returns within hours. Treat each hit as a lead, not a finding.
- 2
Search every name the applicant has used
Add maiden names, prior names and aliases. Additionally, our name variation algorithms search three spellings at once, which catches data-entry errors.
- 3
Verify each hit at the source
Order a county criminal court search in the county that produced the hit, or a real-time statewide search. Confirm the identifiers, the charge and the final disposition.
- 4
Decide, then follow the FCRA
Apply your state and local rules on lookback periods and arrests. If a verified record leads to a negative decision, send the pre-adverse and adverse action notices.
The Legal Rules Behind Criminal Database Searches
Three sets of rules apply. We summarize them here in plain language; the links lead to the primary sources.
FCRA accuracy duty
A consumer reporting agency must follow reasonable procedures to assure maximum possible accuracy (15 U.S.C. § 1681e(b)). An unverified database hit in a report is the classic failure of this duty.
Additionally, § 1681k covers public records reported for employment. The agency must either keep the record current or notify the applicant at the time it reports.
Employer duties
Before you order, you need a stand-alone disclosure and written authorization. Afterward, a negative decision requires the pre-adverse and adverse action notices (FTC guide for employers).
The EEOC also expects an individualized assessment that weighs the offense, its age and the job (EEOC guidance).
For the full picture, read our compliance guide.
State and local limits
Many states cap criminal lookback at seven years. Others bar arrest records without a conviction, or forbid questions before a conditional offer.
Therefore, you cannot use a database record outside those limits, even if it is accurate. Check your state on our screening laws by state page.
Criminal Database Search: Frequently Asked Questions
Are criminal database searches accurate?
Often, yes. However, a database is only as current as its last update from each source. Records come from thousands of courts, jails and agencies that report on different schedules. Consequently, a result can be out of date, incomplete or matched to the wrong person. Treat a database hit as a lead, then verify it at the court.
What is a nationwide criminal database search?
It is a single search of a private repository. That repository pools records from state repositories, corrections departments, county courts, sex offender registries and other sources. Our nationwide criminal database search covers more than 2,400 sources in 56 jurisdictions. It returns results in one to four hours and searches three name variations at once.
Is a criminal database search FCRA compliant?
The search itself is lawful. However, the FCRA requires a consumer reporting agency to follow reasonable procedures to assure maximum possible accuracy. Therefore, we treat every database hit as unverified until a county court or real-time statewide search confirms it. Only verified records belong in an employment decision.
Why would a database miss a record?
Three common reasons. First, the county that holds the record may not report to any database. Second, the applicant may have used another name, and databases match on exact name and date of birth. Third, the record may be too new to appear. A county court search in the places the applicant lived closes those gaps.
Can a database show a record that was expunged?
Yes. A private repository keeps a copy of the record as it stood on the day of collection. If a court later seals or expunges the case, the copy does not always change. Moreover, many states forbid reporting expunged records. This is another reason to verify every hit at the source before you use it.
Should I reject an applicant because of a database hit?
No, not on the hit alone. Verify the record at the court first, and confirm the final disposition. Then, apply your state and local rules; many limit how far back you can look and whether arrests count. Finally, follow the FCRA adverse action process if the verified record leads to a negative decision.
What does a county court search cost compared to a database search?
Our nationwide criminal database search is $17 per search. A county criminal court search is $18 per county, plus court fees in some counties. Most packages combine both: the database locates possible records anywhere in the country, and the county search verifies them.
What is a 613a letter, and does it fix an unverified hit?
A 613a letter tells the applicant that the agency reported public record information to an employer. The FCRA allows a screening agency to send it instead of verifying the record at the court. Some employers request one when a database shows a possible record. However, we recommend verification at the county court instead, because it protects the employer and the applicant.
Locate Fast. Verify Before You Decide.
Open your free account with BCS Background Screening LLC in minutes. Then, pay only for the searches you order: $17 for the nationwide database, $18 per county court.
All user accounts offer optional Multiple Authentication Factor (MAF) security.
Disclaimer: Criminal database sources vary in coverage, history, currency and accuracy, and no database holds every record. BCS Background Screening LLC reports database results as unverified until confirmed at the source. This page offers general information, not legal advice. FCRA, state and local rules change, so consult legal counsel before you act on a record.