Offendersearch
Background check guide

How to read a background check

Charges, dispositions, pending cases, match details and what “clear” really means — the parts of a criminal background check, and the misreadings that turn accurate records into wrong decisions.

Making a hiring or tenant decision? Use an FCRA workflow.

FCRA workflows are built primarily for tenant screening and hiring decisions. If a result will help decide whether to hire someone or rent to them, the check has to run as an FCRA-regulated consumer report, with a permissible purpose, consent, accuracy controls and a dispute path for the person. Our standard search and API are not a consumer report. FCRA workflows run through FCRA Partner Access, for background check companies and screening platforms under a written FCRA agreement.

FCRA pricing is quoted per partner, so contact us for pricing.

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A background check is a list of records, not a verdict

Every criminal background check, whatever the provider, is a set of records found in public sources and attributed to a person. Reading one well means asking three questions of every line: is this the right person?, what stage of a case is this?, and how did it end? Most screening errors come from skipping one of them.

This guide walks through the parts of a typical report, the terms you will see on criminal records, and the mistakes that turn accurate records into wrong conclusions.

Structure

The sections of a typical report

SectionWhat it showsWhat to check
Subject and identifiersThe name, date of birth and other details the search usedThat the identifiers are complete and correct — a wrong digit changes the whole report
Searches runWhich sources were checked: registries, statewide indexes, counties, federal courtsWhether the states the person lived in were actually searched
Results per searchRecords found, or “no records found”, for each sourceWhich searches answered and which could not be completed
Record detailCase number, court, charges, dates, disposition, sentenceCharge level, disposition and the dates that decide reportability
Match informationWhich identifiers tied the record to the personWhether the match rests on a full date of birth or on a name alone
Charges

Charge levels: felony, misdemeanor, infraction

The level shown is the level charged unless the record says otherwise. Charges are often amended — a felony reduced to a misdemeanor, several counts consolidated into one — so the level at filing and the level at conviction can differ. Read the disposition line, not only the charge line.

Felony

The most serious class of offense, generally punishable by more than a year of incarceration. States subdivide felonies into degrees or classes.

Misdemeanor

A less serious offense, generally punishable by up to a year in a local jail, fines or probation. Also divided into classes in most states.

Infraction or violation

Minor offenses such as many traffic tickets. Often not criminal at all, and frequently outside the scope of a criminal background check.

Outcomes

What a disposition means

The disposition is how a charge ended. It is the single most important field on a criminal record.

Two dispositions deserve care. Deferred adjudication and diversion programs work differently from state to state; in many, completing the program means no conviction is entered. Unknown means exactly that: the source does not record the outcome. It is never a polite word for guilty.

DispositionWhat it meansIs it a conviction?
Guilty / convictedFound guilty at trial or by pleaYes
Pleaded guilty / no contestPlea accepted by the courtYes, for most purposes
DismissedThe charge was dropped by the courtNo
Nolle prosequi / not prosecutedThe prosecutor declined to proceedNo
Acquitted / not guiltyFound not guiltyNo
Deferred adjudication / diversionConditions completed instead of a conviction, depending on the stateOften no — read the state’s rules
Pending / openThe case has not finishedNo — not yet decided
UnknownThe source does not say how the case endedCannot be assumed either way
Pending cases

What “pending” means on a background check

A pending charge is an open case: someone has been charged, and the court has not decided it. It shows that an accusation was made, not that it was proven. Pending cases also change — a pending case today may be dismissed next month — so a decision based on one should be revisited when it resolves.

Jail bookings are related but different. A booking records that a person was taken into custody on a date, on the charges recorded at booking. Charges at booking are regularly reduced, dismissed or never filed. Reading a booking as a conviction is the most common misreading of criminal data.

Identity

How a record is matched to a person — and why namesakes cause errors

Public criminal records are not filed under a national ID. They are filed under names, and most carry a date of birth. A search finds records that look like the person and attributes them based on how many identifiers agree. That is where the biggest risk in screening sits: a record can be completely accurate and belong to someone else with the same name.

A good report says which identifiers matched. A match on name and full date of birth is strong. A match on name and birth year is weaker. A match on name alone is a lead, not an identification, and should never be the basis for a decision without checking more. Offendersearch shows the match basis on every result for exactly this reason; the matching documentation explains each level.

  • Compare the full date of birth, not only the year
  • Check middle names and suffixes (Jr., Sr., III)
  • Look at the jurisdiction — has the person lived or worked there?
  • Compare the photo, where the record has one
  • Treat a name-only match as unconfirmed until something else agrees
“Clear”

What a clear background check really means

“Clear” means no reportable record was found in the sources that were searched, for the identifiers provided. It does not mean no record exists anywhere. A county that was not searched, a record filed under a different name, or a search that could not be completed can all sit behind a clear result.

So read the list of searches alongside the result. A clear answer that covers the states the person actually lived in is meaningful. A clear answer from a search that never reached those states is not. Offendersearch reports, per source, whether it answered — a search with sources that did not answer is marked incomplete rather than clear.

Time limits

Why some old records are missing from employment reports

If a record seems to be missing from a report used for hiring, the reason may be legal rather than technical. Under the federal Fair Credit Reporting Act, a consumer report generally cannot include arrests and other non-conviction items more than seven years old, while convictions can be reported regardless of age; the limit does not apply to jobs paying $75,000 or more (15 U.S.C. § 1681c). Some states add limits that reach convictions too. Our state criminal records pages note the state limits we have verified.

When it is wrong

What to do if a background check is wrong

If a report used for a decision about you contains a record that is not yours, is out of date or is incomplete, you have the right to dispute it with the consumer reporting agency that issued it, and the agency generally has 30 days to reinvestigate (15 U.S.C. § 1681i). The dispute guide walks through the steps.

FAQ

Reading a background check: common questions

What does “disposition” mean on a background check?

The disposition is how a charge ended — convicted, dismissed, acquitted, deferred, or still pending. It is the field that tells you whether a record is a conviction at all.

What does “pending” mean on a background check?

The case is still open: a charge was filed and the court has not decided it. A pending charge is an accusation, not a conviction, and it may still be dismissed.

Does a dismissed charge show up on a background check?

It can appear in public court records. In a consumer report used for hiring, federal law generally stops non-conviction items after seven years, and some states restrict them further.

Why does my background check show someone else’s record?

Most often because the record was matched on a name, and someone else with the same name has it. Compare the date of birth and other identifiers; if it is not you, dispute it with the agency that issued the report.

What does “clear” mean on a background check?

No reportable record was found in the sources searched, for the identifiers given. Check which sources were searched — a clear result only covers those.

Is an arrest the same as a conviction?

No. An arrest or jail booking records that someone was taken into custody on certain charges. Only a court disposition shows whether they were convicted.

What is the difference between a felony and a misdemeanor?

A felony is the more serious class, generally punishable by more than a year of incarceration; a misdemeanor is generally punishable by up to a year in a local jail. States define their own classes within each.

Offendersearch results are not a consumer report. This guide is general information, not legal advice.