How to Find Out If Someone Has Been Convicted of a Felony

You must perform a criminal background check to find out whether someone has been convicted of a felony, especially if you want to do a nationwide search. In some states this is public information; in others it is not. Each state has its own regulations and procedures for performing checks. For a nationwide search, you will likely have to pay a third party. Paying the fees in each state would be costly.

Things You'll Need

• Personal data of the person
• Fee

Instructions

1. Contact the state police in the state in which you want to perform the check. Ask them who performs these types of checks and their contact information. Ask what the requirements are for the requester. For example, can it be a private citizen, or must it be a potential or current employer or landlord? Complete the form the agency requires and return it with your fee payment, usually in the form of a money order, cashier's check or credit card payment.

2. Ask if the agency does fingerprint scans, which are more accurate. If you are an employer in a sensitive field such as child care, this is particularly important. Write down the contact information and obtain any essential forms, if necessary. In New Jersey, for instance, you contact the agency and set up an appointment for the person whose fingerprints are being scanned. Notify the person of the appointment. Pay the fee for the person unless he is required to pay the fee himself. It must be paid prior to the scan. Ensure the person who is being fingerprinted has the appropriate forms and identification to bring with him to the scan.

3. Contact ConcernedCRAs (consumer reporting agencies) if you need to do a nationwide background check. Many background checks conducted by third parties use out-of-date information or do not verify that the match is the correct individual. ConcernedCRAs verify that their information is correct. Go to their website and choose the third party you wish to contact. Contact the company and complete their instructions. Pay the fee and wait for the results. Ensure there is enough identifying information to verify it is your applicant. Contact the applicant, and if they are denied the position they were applying for, give them the contact information for the firm that did the background check, in accordance with the Fair Credit Reporting Act. Failure to do so could result in penalties.

References

• New Jersey Attorney General: New Jersey Criminal History Records Checks
• Washington State Patrol: Crime & Safety · Criminal History Records
• ConcernedCRAs
• Michigan State Police: Internet Criminal History Access Tool
• Edwards & Angell: Conducting Employee Background Checks Triggers Employer Obligations Under Fair Credit Reporting Act