Running a criminal background check on potential tenants is a crucial step in the screening process. It helps ensure the safety and security of your property and tenants. This is why we put up this complete guide on how to run a criminal background check on a tenant effectively.
We would like to also stress that a criminal history record does not necessarily condemn a person. Some cases are too minor to be considered. While some comprehensive cases are things of the past. Nevertheless, you need to have your criminal records checked and make an informed decision.
What is a Criminal Background Check?
Let's start with what a criminal background check is. A criminal check is the process of determining if a tenant has a criminal record. Criminal check result is mostly used by employers and landlords. They use it to determine the character of the potential tenant.
Most landlords use criminal checks to determine a tenant's suitability. Here are the key parts of a criminal background check:
Key Components of a Criminal Background Check
Here are six (6) components of a criminal background your you should look at:
Crime Records:
- Arrests: Facts about past arrests. This includes the dates and charges.
- Convictions: These can be details about convictions. This includes the nature of the crime and the sentence. It also includes the jurisdiction where it occurred.
- Felonies and Misdemeanors: Felonies are offenses that are more grievous. Misdemeanors are less grievous crimes. A wise landlord knows what to let go and what to hold against the tenant.
Sex Offender Registry:
- Listings: Check if the person is listed on a sex offender registry. This is vital, especially for homes with vulnerable neighbors.
Incarceration Records:
- Prison Time: Information on whether the individual has served time in prison. This includes how long they stayed there and the nature of the crime.
Pending Charges:
- Ongoing Cases: Learn of any charges that are currently pending against the individual.
Probation and Parole:
- Supervision Status: Details about any current or past probation or parole status. Learn if they are on parole. It helps you manage your risk.
Warrants:
- Active Warrants: Information on any outstanding warrants for the tenant arrest. Check if he or she has been declared wanted.
Sources of Information
When you run a criminal background check, you aim to get as many vital details as possible. To achieve this, the background check pulls data from all levels of jurisdiction. Crimes occur in different states and vary from one another. That's why we need to expand your coverage when you run your check:
Local Database:
- Police Departments: Local police keep logs of arrests, charges, and sometimes convictions in their city or county.
- County Courts: Local courts handle suits of minor crimes, prior hearings for felonies, and other local crimes.
State Database:
- State Police and Highway Patrol: These agencies keep logs of arrests, probes, and state-level policing.
- State Courts: State courts deal with more serious crimes. This includes felonies and they keep records of convictions, rulings, and ongoing cases in the state.
- State Corrections Departments: These units keep logs of individuals jailed in state prisons and on parole.
Federal Database:
- Federal Bureau of Investigation (FBI): The FBI maintains the National Crime Information Center (NCIC). This includes nationwide crime records, warrants, and more.
- Federal Courts: Federal courts handle cases involving federal law violations. The records include convictions and sentences for these offenses.
- Other Federal Agencies: There are other agencies like
- the Drug Enforcement Administration (DEA)
- the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
They also keep records of federal probes and charges.
Purpose and Usage
Tenant Screening:
Landlords check their tenants before leasing out. This makes sure to avoid renting to people with a history of violent crimes or property-related offenses. This is to ensure that you keep the peace in your house.
Job Screening:
Employers also use criminal background checks. They use it to make sure likely hires do not pose a risk to the company or its employees. They do this to keep their brand prestige and keep their clients.
Volunteer Screening:
Clubs working with children, seniors, or other vulnerable groups often require background checks for volunteers.
Licensing and Certification:
Certain professions require background checks as part of the licensing process (e.g., healthcare, education, security). This is to make sure they stay compliant.
How to Run a Criminal Background Check on a Tenant 
1. Obtain Consent from the Tenant
Before running a background check, you must obtain written consent from the prospective tenant. Include a section in your rental application form where tenants authorize you to perform background checks. Inform them of the types of checks you will be conducting, including the criminal background check.
You must stop at ones if they refuse. You can then decide not to offer your property to them. Make sure to be up to date with the landlord tenant laws that applies to you area. This will help you avoid legal issues.
2. Gather Necessary Information
To run a background check, you'll need specific facts from the tenant. Make sure you have the tenant’s full legal name. Also, get any aliases or previous names. Get their date of birth also and their social security number (SNN). Most landlord tenant laws require that you get these data from the tenants directly.
3. Choose a Reputable Screening Service
Select a trustworthy and accredited background check service provider. You must make sure the service complies with the Fair Credit Reporting Act (FCRA) and other relevant laws. Look for services with good reviews and a solid track record in the industry.
The service should provide detailed reports. It should include criminal records, sex offender registries, and other relevant databases.
4. Submit the Information
After you have chosen a background check service, you will need to provide them with the collected information. Many services allow you to submit information online through secure portals. If your service offers this option, that's great. Otherwise, you will need to visit their office.
Double-check the information for accuracy to avoid delays or errors in the report. You may also start by checking with the previous landlord.
5. Review the Criminal Background Report
Once the background check is complete, carefully review the report. Look for any criminal convictions, pending charges, or arrest records. Pay attention to the severity and nature of any crimes. Focus on offenses that might impact the safety of other tenants or the property.
Make sure to also consider the time that has passed since any offenses. Old and minor offenses may be less concerning than recent, serious crimes. But then, you are still left with the choice to make.
6. Evaluate the Findings
Assess the results based on your rental benchmarks and policies. Refer to your established standards for fair and unfit criminal history records. Stay consistent by using the same standards for all applicants. This is crucial to ensure fairness and avoid bias claims.
7. Make a Decision
Decide whether to approve or deny the rental application based on the background check findings. If the background check is clear or within acceptable limits, you can proceed with the rental process. But if the results are concerning, you may decide to deny the application.
8. Provide Adverse Action Notices (If Applicable)
If you decide to deny the application based on the criminal record check, you must follow specific legal procedures. Provide the applicant with a written notice that explains the decision. Include a copy of the background check report and contact details of the service agency.
Inform the applicant of their rights under the FCRA. Include the right to dispute inaccurate information.
(Tenant Evictions Best Practices in Alabama)
9. Document Your Process
Keep records of the consent forms. Also, keep the reports and any emails with the tenant. Store these records securely for a period as required by law or your company’s policies.
10. Stay Updated on Legal Requirements
Ensure you remain compliant with all relevant laws and regulations. Be conversant with the landlord tenant laws of your city. Avoid bias practices by applying background check policies consistently. Be aware of specific laws in your state or locality regarding tenant screening and criminal background checks.
(15 Legal Considerations For Property Managers)
Conclusion
Running a criminal background check on a tenant is a vital part of the tenant screening process. It helps protect your property and other tenants while ensuring you comply with legal requirements. As important as this is, it's equally important you do it without violating the rights of the applicant. Failure to comply might lead to a serious legal issue.
If you need more help with this or how to go about it, you can reach us with your concern here. We will do our best to help you out. We have multiple methods for obtaining information when conducting a criminal background check.
