Is Your Police Report in Background Checks?

When applying for a job, renting an apartment, or engaging in other activities that may require a background check, many individuals wonder about the contents of such reports. One common concern is whether or not police reports appear in background checks and how they might affect an individual's record. Understanding the intersection of privacy rights and legal considerations is crucial.

What is a Background Check?

A background check is a review of a person's commercial, criminal, and (sometimes) financial records. Employers, landlords, and lenders often request background checks to evaluate a candidate's history and character.

Types of Background Checks

There are several types of background checks, each with its own scope:

Employment Background Checks: Can include criminal history, education verification, employment history, and credit history
Criminal Background Checks: Focus on an individual's criminal record and may include information from various law enforcement agencies.
Credit Background Checks: Examine credit history, useful in financial dealings
Tenant Screening: Often includes credit reports and criminal background checks

Do Police Reports Appear on Background Checks?

Police reports themselves, which are the documents created when an incident is reported to the police, do not typically surface in criminal background checks. However, specific outcomes of those reports might. Here's what could appear:

Arrest Records: Arrests may appear in some checks, particularly if they lead to convictions. However, arrests that did not lead to convictions are less likely to be included.
Convictions: Virtually always part of a background check.
Warrants: Active warrants can appear on a background check.
Incidents Resulting in Court Cases: Any police reports that culminate in court appearances, charges, or convictions will generally be part of the public record and may show up on background checks.

On the other hand, non-criminal police reports, such as those filed for accidents without criminal charges, are less likely to be included in these checks.

Privacy and Legal Considerations

In the United States, the Fair Credit Reporting Act (FCRA) governs the collection and use of consumer information, including background checks. Under the FCRA, there are strict guidelines on how background check information can be obtained and used. Moreover, certain states have laws offering additional privacy protections or limiting the reporting of criminal history. For instance:

Ban the Box Laws: Many jurisdictions have adopted 'Ban the Box' laws, preventing employers from asking about the criminal history on initial job applications.
Sealed or Expunged Records: If a record is sealed or expunged, it should not appear on a background check. Individuals with such records need to ensure that background check companies honor those sealed or expunged convictions.

How a Police Report Might Impact Your Record

If a police report led to a charge or conviction, it could adversely affect job searches, loan applications, tenancy requests, and more. It's essential to know what might appear on your background check and to correct any inaccuracies.

Conclusion

Police reports, while key documents in the legal process, do not usually show up on a background check unless they are linked to criminal charges or other public records. It is critical for individuals to understand what can legally be included in a background check and to be aware of their rights under the FCRA and similar state laws. Checking one's background report for accuracy and completeness is also a proactive step in managing one's public record.

Understanding these elements can help individuals better navigate the impact of police reports on background checks and make informed decisions about their personal information.