Background checks

This report is a practical business resource for employers, landlords, property managers, and screening decision-makers. It is not legal advice. Federal, state, and local rules change, and some industries and jurisdictions have stricter requirements than the general rules summarized here.

Executive Summary

A federal court background check searches records from the federal judiciary, most commonly through PACER – Public Access to Court Electronic Records. PACER provides public electronic access to federal court records, and registered users can search either the specific federal court where a case was filed or a nationwide index of federal cases.

Federal court searches are useful because they may reveal matters that will not appear in county or state court searches, including federal criminal prosecutions, federal civil lawsuits, appeals, and bankruptcy cases. Federal district courts handle nearly all categories of federal civil and criminal cases, while federal bankruptcy courts have exclusive jurisdiction over bankruptcy cases.

Federal searches should supplement, not replace, county and state searches. The federal and state systems are separate, and the U.S. Courts explain that state […]