Understanding Warrants and Background Checks

When it comes to job applications, housing searches, or even obtaining certain licenses, background checks play a critical role in assessing an individual’s suitability. One common question that arises during this process is whether warrants show up on background checks. This article will explore the relationship between warrants and background checks, breaking down the different types of warrants, the various types of background checks, and the factors that determine whether warrants appear in background screening results.

What Are Warrants?

Warrants are legal documents authorized by a court that grant law enforcement officers the right to perform specific actions, such as arresting a person, searching a property, or seizing items. There are several types of warrants, each serving different purposes. Understanding these types is crucial in knowing whether and how they may appear in background checks.

1. Arrest Warrants

An arrest warrant is issued when there is probable cause to believe that a person has committed a crime. This type of warrant allows law enforcement to arrest the individual named in the warrant. It is one of the most common types of warrants that can affect an individual’s criminal record, which may show up during a background check.

2. Bench Warrants

A bench warrant is typically issued by a judge when a person fails to appear in court as required. These are often issued in cases where an individual does not comply with a court order or misses a court date. Like arrest warrants, bench warrants can lead to arrest and may be flagged during background screenings.

3. Search Warrants

Search warrants are issued when law enforcement has probable cause to search a specific location for evidence of a crime. These warrants do not usually result in an arrest but can be critical in criminal investigations. Although search warrants themselves may not appear directly in a background check, any subsequent arrests or charges can be noted.

4. Rape or Felony Warrants

This category includes warrants specifically related to serious charges like rape, assault, or any felony offenses. A warrant for these charges is often of significant concern when it comes to background checks, as they could indicate a history of serious criminal behavior.

What Is a Background Check?

A background check is a process used by employers, landlords, and other entities to gather information about an individual’s criminal, financial, and professional history. Background checks are typically conducted to verify a person’s identity, assess their suitability for employment, or evaluate their ability to be trusted with sensitive responsibilities.

1. Criminal Background Check

A criminal background check looks for records of any crimes that an individual has been convicted of or arrested for. It includes details about arrests, charges, convictions, and even warrants. Criminal background checks are often a core component of pre-employment screenings, loan applications, and tenant background checks.

2. Employment Screening

Employment background checks involve verifying an applicant’s work history, educational credentials, and criminal background. Many employers conduct these checks to ensure that potential hires do not have a history of criminal behavior that could be detrimental to the workplace.

3. Credit Reports

Some background checks also include an individual’s credit report. This is often required for positions that deal with financial responsibilities or access to sensitive information. While warrants don’t directly affect credit reports, financial mismanagement linked to criminal activities may be reflected.

4. Tenant Background Checks

Landlords often use background checks to assess the reliability and trustworthiness of prospective tenants. These checks may include criminal history, rental history, and sometimes employment verification.

Do Warrants Show Up on Background Checks?

The big question is whether warrants show up on background checks. The answer is not entirely straightforward because it depends on the type of background check and the circumstances surrounding the warrant. Let’s explore the different factors that influence whether warrants appear on background checks.

1. State Laws and Regulations

Different states have varying laws and regulations governing what information is included in a background check. In some states, only convictions are included, while others may report arrests and warrants. Additionally, some states may expunge or seal records after a certain period, meaning older warrants might not appear during a background check. It’s important to understand the specific laws in the state where the background check is being conducted.

2. Type of Background Check

The type of background check plays a significant role in whether a warrant will be flagged. For example, a criminal background check is more likely to include warrants related to arrests, while an employment screening check may only include criminal convictions unless the employer specifically requests warrant-related information.

In contrast, tenant background checks often prioritize criminal convictions over outstanding warrants, unless the warrant is for a serious crime. In some cases, a comprehensive federal background check (which includes national databases) may reveal outstanding warrants, especially if the person has been charged with a crime on a federal level.

3. Agency Conducting the Check

The agency conducting the background check can also determine whether warrants show up in the results. Some agencies may have access to detailed criminal databases that include active warrants, while others may rely on more limited information. For example, a private background check agency may have access to a broader range of data than a local law enforcement agency.

4. Active vs. Inactive Warrants

The status of the warrant can impact whether it appears in a background check. An active warrant, one that is still valid and enforceable, is more likely to appear in a background check. However, an inactive warrant, such as one that has expired or been removed due to a legal error, might not be included in the results. Law enforcement agencies may also seal certain warrants after a person has served their sentence or complied with court orders, making them less likely to appear.

Factors That Affect Whether a Warrant Appears on a Background Check

In addition to the type of background check and the agency conducting it, several other factors can determine if a warrant shows up. Here are some additional considerations:

1. Time Lapse

The age of a warrant can impact whether it appears in a background check. For example, if a warrant has been outstanding for several years and the person has had no legal issues in the meantime, it may not show up. However, more recent warrants, especially those linked to ongoing investigations, are more likely to appear.

2. Warrant for Misdemeanors vs. Felonies

Warrants for serious offenses, such as felonies, are more likely to show up on a background check than warrants for lesser offenses (misdemeanors). Employers, landlords, and other entities may be more concerned about felony warrants, which could have a significant impact on safety or reputation.

3. The Specific Background Check Request

Certain background checks may be tailored to include more specific information. For instance, security clearance checks or federal background checks are likely to include warrants, particularly those associated with national security or law enforcement concerns.

4. Hiring Practices and Policies

Employers and organizations have their own policies when it comes to the inclusion of warrants on background checks. Some employers may choose not to check for warrants or may not consider certain warrants when making hiring decisions. Others may treat any indication of an active warrant as a red flag.

The Impact of Warrants on Employment and Legal Aspects

In Part 1, we explored what warrants are, the types of warrants that exist, and how background checks are conducted. Now, we will dive deeper into the impact that warrants can have on employment opportunities and legal proceedings, and discuss what individuals can do if they find that a warrant appears on their background check. Additionally, we will discuss how you can check for warrants and address what steps you should take if you encounter one during a background screening.

How Employers Use Background Checks

Background checks are a critical part of the hiring process for most companies. They allow employers to assess an applicant’s criminal history, employment history, educational background, and other factors that may indicate whether the individual is a good fit for the job. When it comes to criminal history, employers primarily focus on an applicant’s convictions and arrests. However, some employers may also examine warrants during their screening processes, particularly when the warrant is associated with serious criminal activity.

Employers typically use background checks for the following purposes:

1. Ensuring Workplace Safety: Employers want to ensure that employees do not pose a threat to the safety of other staff members, customers, or the workplace environment. A person with an outstanding warrant for a violent crime may raise red flags for employers concerned about safety.
2. Compliance with Legal Requirements: Some positions, particularly those in regulated industries such as finance, healthcare, or government, require strict compliance with laws that prevent hiring individuals with certain criminal records. Employers in these sectors may conduct thorough background checks, including warrants, to ensure legal compliance.
3. Risk Mitigation: Employers may choose to look into warrants to assess whether a candidate might be at risk of being arrested or involved in ongoing legal issues that could affect their job performance. For instance, employees who are constantly under legal scrutiny may not be as reliable or dependable.
4. Protection of Company Reputation: A person with an outstanding warrant for serious criminal charges might negatively affect the reputation of a company. As a result, employers may investigate warrants as part of their decision-making process.

Can a Warrant Affect Your Employment?

Open warrants can have a serious impact on job applications and employment opportunities. If a background check reveals that an applicant has an active warrant, it can potentially derail their chances of getting hired. Here’s how warrants can affect different aspects of employment:

1. Job Applications

During the hiring process, employers are typically looking for red flags in an applicant’s criminal history. While some employers may overlook minor infractions or past convictions, the presence of an open warrant, especially for serious charges, may be a deal breaker. An employer may assume that an applicant with an outstanding warrant could face arrest at any time, making them a liability.

2. Promotions and Internal Transfers

For employees already working within a company, the discovery of an open warrant can impact career advancement. Employers may hesitate to promote an individual with a warrant, as the warrant could cause disruptions in the workplace. In some cases, internal transfers may also be denied if the warrant involves criminal charges that could affect the employee’s performance in a new role.

3. Security Clearances

Certain jobs, particularly those in government, defense, or other highly regulated sectors, require employees to pass a security clearance process. A criminal record, including active warrants, can disqualify someone from receiving or maintaining a security clearance. If a warrant for a felony or serious crime is discovered during the clearance process, it may prevent an individual from securing the job.

How to Check If You Have a Warrant?

If you are concerned about the possibility of having an outstanding warrant, there are several ways to check. Being proactive about checking your own background can help you avoid unpleasant surprises during a job search or other important life events. Here are the common methods for checking if you have a warrant:

1. Online Databases

There are many online databases that offer warrant search services. These platforms aggregate public records and can help individuals search for outstanding warrants by name, location, or other identifying information. However, not all warrant databases are comprehensive, so it’s important to verify any information you find by checking with official law enforcement sources.

2. Contacting Local Law Enforcement

You can contact your local police department or sheriff’s office to inquire about any active warrants. Many law enforcement agencies have online tools where you can search for warrants in your county, but if the agency doesn’t offer this, a direct inquiry can provide you with accurate information.

3. Hiring an Attorney

If you’re concerned about an active warrant, hiring a criminal defense attorney can help. An attorney can conduct a thorough search for warrants and advise you on the best course of action if one is found. Additionally, if the warrant is for a serious charge, an attorney can help you navigate the legal process to clear your name or resolve the issue.

What to Do If a Warrant Shows Up on Your Background Check?

If you find out that a warrant shows up during your background check, there are several important steps you should take to resolve the issue as quickly and professionally as possible. These steps are crucial in ensuring that the warrant does not negatively impact your employment prospects or personal life.

1. Address the Warrant Immediately

If an active warrant is found, it’s essential to address the issue right away. Ignoring an active warrant can lead to an arrest, which could create serious legal and personal complications. Contacting law enforcement or an attorney to handle the warrant as soon as possible can prevent further escalation.

2. Consult a Criminal Defense Lawyer

If the warrant is tied to serious charges or a crime you did not commit, consulting with a criminal defense lawyer can help you understand your legal rights and options. An attorney can assist in getting the warrant resolved, whether it involves contesting the charges, negotiating with law enforcement, or assisting in expungement.

3. Resolve the Underlying Issue

If the warrant stems from an unpaid fine, missed court date, or other legal matter, resolving the underlying issue can help remove the warrant. Paying fines, attending court hearings, or complying with other legal requirements may lead to the warrant being lifted.

4. Expunge the Warrant

In some cases, it may be possible to expunge a warrant from your record, especially if it was issued for a minor offense or if you can demonstrate that the warrant was issued in error. Expungement procedures vary by state, but a criminal defense attorney can guide you through the process.

How to Remove a Warrant from Your Record?

Removing a warrant from your record is typically done through legal processes like expungement or dismissal. The process for removing a warrant depends on the nature of the warrant and the laws in your state.

1. Expungement: In certain cases, if the warrant is for a minor offense or has been resolved, you may be able to have the warrant expunged from your record. Expungement procedures vary, and legal assistance is often required to navigate the process.
2. Motion to Quash the Warrant: In some cases, a motion to quash or recall the warrant may be filed. This is usually done if the warrant was issued in error or if the individual has resolved the underlying issue (e.g., paying fines or fulfilling court orders).
3. Voluntary Surrender: In cases where the warrant is tied to a missed court appearance or similar issue, voluntarily surrendering yourself to the authorities and resolving the matter can help clear your record.

RapidHireSolutions – Your Trusted Background Check Partner

When it comes to conducting thorough background checks, companies like RapidHireSolutions provide an essential service for both individuals and businesses. RapidHireSolutions offers a wide range of background check services, including employment screening, criminal record searches, and compliance verification. Whether you’re an employer looking to hire responsible candidates or an individual concerned about a potential warrant showing up on your background check, RapidHireSolutions can provide valuable assistance.

Their services ensure that both employers and job seekers can proceed with confidence, knowing that the background screening process is comprehensive, accurate, and in full compliance with applicable laws.

Legal Aspects, FAQs, and Conclusion

We discussed the fundamentals of warrants and background checks, as well as the impact warrants can have on employment opportunities and legal proceedings. Now, let’s explore some important legal considerations surrounding background checks, as well as common questions people have about warrants, background checks, and employment screening. Finally, we will provide a conclusion to summarize the key takeaways.

Legal Considerations for Employers and Job Seekers

Background checks are not only important for employers but also for job seekers and individuals seeking to resolve warrants. Several laws govern background check procedures, especially concerning criminal history, warrants, and hiring practices. These legal guidelines ensure that individuals’ rights are protected while maintaining fairness during the hiring process.

1. Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA) plays a crucial role in the background check process. Under the FCRA, employers and other entities conducting background checks must adhere to specific regulations to ensure that the information they obtain is accurate, relevant, and used appropriately. For example:

• Consent: Employers must obtain the candidate’s consent before conducting a background check.
• Accuracy: The information obtained through background checks must be accurate. If an applicant disputes the results of a background check, the company must investigate and correct any inaccuracies.
• Adverse Action: If a warrant or other criminal information leads to a hiring decision, the employer must follow the proper procedures for notifying the applicant, including giving them an opportunity to dispute the information.

2. Equal Employment Opportunity Commission (EEOC)

The Equal Employment Opportunity Commission (EEOC) enforces federal laws that prohibit discrimination in hiring practices. Employers must ensure that their use of background checks does not disproportionately impact certain groups of people, such as individuals of a particular race, national origin, or gender. The EEOC has guidelines in place to prevent employers from discriminating based on criminal history, including outstanding warrants.

Employers must also be cautious when using criminal background checks, including warrant information, to make hiring decisions. It is important that background checks do not inadvertently exclude candidates from marginalized communities who may have been disproportionately affected by the criminal justice system.

3. State-Specific Regulations

Laws regarding background checks can vary significantly from state to state. Some states have more stringent rules about what information can be disclosed during a background check, and whether certain offenses or warrants can be reported. For example:

• Ban the Box Laws: Many states have enacted “ban the box” laws that prevent employers from asking about an applicant’s criminal history until later in the hiring process. This allows candidates to be considered for a position based on their qualifications first, without the bias of past criminal records.
• Warrant Sealing or Expungement: Some states allow individuals to seal or expunge certain criminal records, including warrants, after a period of time or if certain conditions are met.

Frequently Asked Questions (FAQs)

Conclusion

Understanding how warrants and background checks interact is essential for both job seekers and employers. While warrants are often a key factor in determining eligibility for employment, the appearance of a warrant on a background check is not always a straightforward process. Several factors—such as the type of warrant, the jurisdiction, the kind of background check being conducted, and state laws—can influence whether a warrant shows up in a background check.

For job seekers, it’s important to stay informed about your own criminal history and ensure that any outstanding warrants are resolved before undergoing a background check. Employers must be aware of the legal requirements surrounding background checks, including laws protecting individuals from discrimination based on criminal history.

Ultimately, both parties must work within the bounds of the law, ensuring fair treatment throughout the background check process. It’s crucial for individuals to understand their rights and take proactive steps to address any legal issues, while employers must ensure that their hiring decisions are made based on comprehensive, accurate, and legally compliant background check results.

By following the guidelines outlined in this article, both employers and job seekers can navigate the complexities of warrants and background checks with confidence, ensuring fair and informed decision-making for all parties involved.