Using a criminal background check as part of your employee screening process empowers your organization to make informed and timely hiring decisions. Whether it’s acquiring top talent before an industry competitor, or gaining access to an applicant’s criminal history to determine whether they pose a risk to the health and safety of your current workforce, background checks provide numerous benefits to any organization.
Although background checks and other screenings are an indispensable part of the hiring process, reading and interpreting criminal background screening results can be a challenge without familiarity with the terms and abbreviations that appear on reports. In this article, we’ll provide professional guidance on how to evaluate background screening results to use the gathered information fairly, effectively, and in compliance with local, state, and federal regulations.
What Appears on a Background Check?
Depending on which qualified provider you choose to work with, a criminal background check could include a search of criminal records from county, state, national, or federal databases. At National Crime Search (NCS), we utilize a variety of these databases as well as a host of verification services to help you create a comprehensive profile of a candidate before making a hiring decision. Along the way, we ensure you’ve established legal procedures for acquiring consent, addressing record inaccuracies, and prioritizing compliance with all regulations that affect employment screening in your industry or jurisdiction(s).
Broadly speaking, a thorough criminal background check should gather and synthesize records from thousands of national databases, all 94 federal court records, statewide court records, and county records. Although much of this process is now completed digitally, in some cases, physical county records must be requested and gathered with the assistance of county clerks, researchers, or additional databases.
Below, we’ve outlined some common categories of charges and a few unfamiliar terms you could encounter while reviewing the results of a criminal background check report:
- Misdemeanor Charges – Depending on the state where charges were filed (and the type of offense), misdemeanors are classified as Class A, Class B, or Class C, or Level 1, Level 2, or Level 3. Misdemeanors could include offenses like trespassing, disorderly conduct, second-degree assault & battery, vandalism, indecent exposure, filing a false report, or possession of a controlled substance (usually classified as a misdemeanor based on the drug type and amount).
- Felony Charges – Like misdemeanor charges, felonies are classified using Classes or Levels: falling between Class A and Class E, or Level 1 through Level 5, with Class A or Level 1 felonies being the most serious offenses. Felonies could include burglary, assault, arson, kidnapping, rape, murder, or theft (classified as a felony based on value).
- Dispositions – These appear in the results of a criminal background check to clarify the final outcome of the offense charge (convicted, acquitted, dismissed, etc.), or to provide information regarding the current status of an arrest, prosecution or pending case.
- Nolle Prosse – This Latin term means “not willing to prosecute,” and appears in cases where a prosecutor has decided not to move forward with a case based on lack of evidence for conviction, a determination that the defendant is innocent, or other reasons. A nolle prosse disposition means the case has effectively been dismissed or dropped.
- Deferred Adjudication – When this term appears, it means a defendant has pleaded “no contest” or “guilty” as part of a plea deal that allows them to complete a probation or diversion program ranging from drug & alcohol treatment to community service to avoid a conviction. Charges are dismissed if the defendant completes the program successfully, does not commit another offense, and meets any other requirements outlined in the plea deal.
Structure of Criminal Background Check Results & Defining Abbreviations
To help you anticipate what you’ll receive in a criminal background check report regarding a job candidate, here’s a summary of what to expect from each section of the report.
- Record Source – Here you’ll find information about the case number, as well as the location and court where the charge was filed.
- Offender Details – This section lists the name, date of birth, and known aliases of the defendant. It’s crucial to verify that all of the information listed in the report matches exactly with your candidate’s submitted personal information.
- Sentence – This section may include a range of information depending on the case, including jail time, fines, probationary periods, and other details.
- Charge or Complaint – In this section, which describes the offense, charge, or complaint, you are likely to encounter abbreviations or unknown terms. For instance, the abbreviation “A&B” stands for assault and battery, “PL” for petty larceny, and “UPRF” for unlawful possession or receipt of firearms. It’s important to work with a background screening provider that provides you with a link or guide to common abbreviations on every report you receive to help you expedite the review process.
- Disposition – As we discussed earlier, this section shows the final outcome of the charge and the date of disposition.
- Charge Type – This section captures the severity of the offense by showing the Offense Level (Felony, Misdemeanor), offense class, and subclass, categorizing the crime based on the “Class” or “Level” system used within the state where the charge was filed. In this section, you may encounter offense-related abbreviations like “F1,” indicating a serious Level 1 Felony offense.
Of course, not all abbreviations in a report will relate to criminal offenses or offense levels. Other abbreviations like “FRA” (Federal Reserve Act) may reference federal or state laws relevant to the case, while some abbreviations like “C&F” (Call and Fail) refer to court actions like a voluntary dismissal of charges by a court or judge. Again, a qualified provider like National Crime Search can help you streamline the review process by providing easy access to an abbreviation guide on each report and a well-structured report template for each candidate -- providing key information in a concise and consistent format.
How to Ensure Fair Hiring and Legal Compliance
It’s essential to accurately interpret the results of any criminal background check to avoid noncompliance or liability issues. Employers must abide by local, state, and federal hiring laws to ensure alignment with any regulations that apply to their industry or jurisdiction.
For example, the federal Fair Credit Reporting Act (FCRA) requires that employers acquire an employee’s written consent before conducting a background check. If the results of a report lead to a denial of employment, employers must be diligent with their recordkeeping regarding the evaluation and decision-making process, following FCRA requirements and guidance from the Equal Employment Opportunity Commission (EEOC).
Other local, state, and federal fair hiring laws are likely to apply to your organization, including “ban the box” laws that may limit an employer’s legal use of criminal background information during the hiring process. It’s especially easy to miss local and state laws that may expand upon existing federal regulations or even create restrictions that are not currently in place at the federal level. Working with a qualified background screening provider ensures that your hiring process and screening procedures are compliant and streamlined from the start.
Simplify and Expedite Criminal Background Screening with National Crime Search
Establishing an efficient, fully compliant background screening process can feel like a daunting task without the right professional guidance and leading-edge tools to support implementation. National Crime Search is here to help you navigate the complexities of criminal background checks with confidence. NCS makes background checks easy by giving you a complete and compliant report from the start – eliminating old or dismissed records to highlight high-priority details like reported convictions or pending cases, when applicable.
Whether you're a seasoned HR professional or new to the hiring process, we are here to assist you every step of the way. Reach out today for comprehensive screening services tailored to meet all of your organization's needs.
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