Please Note: The material on this website is provided for informational purposes only. It is not a consumer reporting agency as defined by The Fair Credit Reporting Act and should not be used to determine an individual's eligibility for personal credit or employment, or to assess risk associated with any business transactions such as tenant screening.
Anyone can make mistakes, but when they are of such nature that they are entered into the criminal records, which are public, this is naturally a cause for concern. People who have been convicted or even just arrested in the past worry that this may have an adverse impact on their prospects of getting a job, continuing their education and even renting a place to live. Find out what the situation really is like by getting more details on the nature and accessibility of records containing people’s criminal history.
Who Can Search Criminal Records?
The answer is: everyone. These are public records and any member of the public can check them by making an application to the local courthouse or to the sheriff’s department. There are also services which run criminal background checks and search these records on behalf of employers, landlords and other private persons and organizations that have the legal right to perform such checks.
You should know that most employers and landlords take advantage of the opportunity to find out if a prospective employee or tenant has criminal history. Educational institutions do it too, but they usually ask you to provide the required information yourself in the application. Checks are becoming standard practice and no one is usually excluded from them. That is why if you have past mishaps, you may want to discuss them openly in advance to improve your chances of reaching your goals.
Is All the Information Available to Everyone?
It can be safely said that there are access levels when it comes to searching criminal records. Employers, schools and landlords can get more details compared to the average citizen looking for information, but fewer compared to law enforcement agencies. Additionally, the information provided to the first two groups covers the most recent offences only. For instance, misdemeanor convictions from more than 5 years ago may not be reported. The covered period for felony convictions is usually 10 years.
Another thing which is worth noting is that you can request some of the information from your criminal record to be sealed. There are strict rules determining which details qualify for sealing.
What Effects Can Criminal History Have?
In general, employers, landlords and educational institutions are legally required to give everyone a fair treatment in addition to having the right to search criminal records. From then on, everything depends on the specific situation. For instance, someone who has been sentenced for drunk driving would normally not qualify for a job which involves driving. However, if a person has committed a petty crime once, this should not be a problem for securing a job or tenancy.
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