• Home

Criminal Records And Background Checks

Criminal Records And Background Checks

You have decided to run an internet background check on a prospective tenant, a babysitter, or your fiancé.  Part of the package you purchased includes a criminal records check. You get back a report and in it you see an entry under the alarming words, “criminal history”.  What does it mean? And should you panic yet?

First all all, the report may list an infraction, a misdemeanor, or a felony.  Let’s look at the difference between the three and what it might mean to you.

Infractions are the least serious. It is a violation of a local ordinance. Punishment is usually a fine. Some examples of infractions are jaywalking, littering, housing violations, and sometimes traffic violations.  So you can see that not everyone with a criminal record is a danger. Nothing serious enough to call off a wedding or fire your nanny here.

Next on the scale is misdemeanors.  They can be punishable by a fine and or a jail sentence, that can be measured in months, not years.  Sometimes a person convicted of a misdemeanor will get off on probation or will have to do so many hours of community service instead.

Examples of misdemeanors are petty theft, public intoxication, vandalism, disorderly conduct, DUI, prostitution, drug possession or disorderly conduct.  This is quite a mixed bag and what I would call a gray area, not an automatic deal breaker. On one end, your prospective tenant got a little rowdy after one beer too many at the ball game. On the other extreme end, your nanny is a drug-taking prostitute. Now it’s up to you to make the judgment call.

Last, we have felonies. Punishment for felonies ranges from one year to life in prison to capital punishment. Obviously, the person you are checking has served their term and been released. Broadly, felonies are divided into two categories.  Violent felonies would include arson, assault, murder, and rape. Non-violent felonies would include burglary and drug use or sale.

Then felonies are classified as 1st through 4th degree. 1st degree means this person committed the crime.  2nd degree means they helped at the scene of the crime. 3rd degree is helping to conspire before the crime took place. And 4th degree means they helped after the fact.

So again, even committing a felony isn’t as black and white as one would expect.  In this group, the offense could range from loaning your car to a friend who then robbed a 7-11 (4th degree) all the way up to the 1st degree offense of murder.  

So as you can see, deciding to run a public record background check might uncover a criminal history that could be more or less significant than it seems. You will have to take their story into account and take this person’s position in your life into account and make the best decision you can that everyone will be comfortable with.