Law & Legal & Attorney Criminal Law & procedure

Criminal Background Check Information

    Definition

    • A criminal background check is a formal investigation on an individual by the Criminal Justice Information Services (CJIS) division of the Federal Bureau of Investigation (FBI). It looks at arrest records associated with a person and therefore represents any criminal activity with which an individual has been involved. A criminal background check is also known as a criminal history record or rap sheet.

    Uses

    • Individuals may need a criminal background check in order to travel abroad, get a job, purchase a weapon such as a firearm, adopt a child or even go to school. The rationale behind these checks is to ensure that families, students, employees and employers are not exposed to potentially dangerous individuals and situations.

    How CBCs Work

    • When a person needs a criminal background check, they fill out a request form from the FBI. They send this form along with proof of identification, including a set of fingerprints (using the FBI's Standard Fingerprint Form) and a fee of $18 (as of 2010) to the FBI. The FBI then takes the fingerprints and related data to call up arrest records associated with the individual. Once the FBI collects these records, they send a written report to the person who made the request. The FBI still sends a report if no arrests are found so that the individual has proof of a clean criminal background. This process usually takes about 12 weeks, according to the CJIS.

    Contents

    • A criminal background check contains basic data on the criminal activity found, such as the date of arrest, dispositions, the name of the agency who made the arrest and the formal charge(s). The results are limited based on the documentation taken by the arresting agency and the courts.

    Other Agencies

    • There are dozens of companies that offer criminal background checks. These companies conduct basic checks via public records on behalf of companies and individuals. However, people need to use these companies with caution, because they do not necessarily have access to the same resources as the FBI. The FBI may find data that a private company may not, especially since companies uses different search criteria and methods. An FBI background check always is the more trustworthy option, although some agencies may come close to the FBI in quality. A primary difference between an FBI criminal background check and a private company's check is that the FBI will provide a copy of arrest records only to the individual who is the subject of the record.

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