Running a criminal background check might sound straightforward—but there’s more to it than clicking “search.” For small businesses, especially those without a dedicated HR team, it’s easy to overlook critical details that can lead to delays, bad hiring decisions, or even legal exposure.
If you’re using criminal record checks as part of your hiring process, here are some of the most common pitfalls—and how to avoid them.
1. Using the Wrong Scope
One of the biggest mistakes businesses make is assuming a national database search is enough. These databases can miss important records that are only available at the county level, which is where most charges and convictions are filed. If you’re relying solely on a national search, you might be missing out on key information.
Avoid it: Use a layered approach. A good background check should include county-level criminal searches in locations where the candidate has lived or worked, not just a broad national sweep.
2. Misinterpreting What You Find
A report might show an arrest from five years ago—but what happened after that? Was the charge dropped? Was it a minor offense unrelated to the job? Without context, it’s easy to draw the wrong conclusions or disqualify someone unfairly.
Avoid it: Look at the whole picture. Focus on convictions, not just arrests, and consider relevance to the role. A retail employer might view a decade-old loitering charge differently than a recent fraud conviction.
3. Ignoring Legal Requirements
The Fair Credit Reporting Act (FCRA) outlines specific steps you must follow when using third-party background check services. That includes getting written consent from the candidate, providing a copy of the report if you plan to take adverse action, and giving them time to respond.
Avoid it: Always use compliant forms and processes. If you’re unsure, get help from a background screening provider that specializes in employment law compliance.
4. Having a Vague or Outdated Policy
Hiring decisions based on “gut feelings” or inconsistent standards can lead to bias—or worse, discrimination claims. Employers need clear, consistent guidelines for how background information is evaluated.
Avoid it: Create a written policy for how criminal background checks are used in hiring. It should define which offenses are disqualifying (and why) and provide a process for review.
Running a criminal background check isn’t about checking a box—it’s about making smart, informed decisions. Avoid these common missteps, and your screening process can become one of the most valuable tools in building a safe, trustworthy team.
