Civil background checks search civil court records to provide additional important information about your candidate’s background and history.
Trust & Safety
\n \nWhile civil court records don’t report criminal convictions, the information revealed can help provide additional insight into a candidate’s background and history. Civil background checks are especially important for positions where employees will have financial or management responsibilities. Checking civil court records during your hiring process helps you:
\n\n\n\nResults
\n \nCounty Civil Court Records Searches identify non-criminal lawsuits at the county or state level filed by individuals or corporations. These records show any claims, suits, judgements or offenses where the candidate is listed as a respondent.
\n \n \n\nMost states divide lower and upper courts based on the monetary amount of the claim. Although the amount varies by state, lower courts typically involve claims for <$5,000, and upper court cases typically involve claims for >$5,000. Examples include:
\n\n\n\nRecords can also be searched at the US District Court level, thereby finding any cases involving the government—including the federal government, state governments, or county and municipal governments. Examples include:
\n\n\n\nThe federal bankruptcy court is also a civil court and is searched to learn about any bankruptcies associated with a candidate. Results may include:
\n\n\n\nSearch Options
\n \nGoodHire offers a full suite of background checks and employment screening services. The following table shows important Civil Court Records Searches, the case and record types they show, and different search options.
\n \n \n\nUpper Civil Court Search
\nUpper county court records for larger claims and other civil disputes.
\nCases typically involve higher monetary claims (> $5,000).
\nLower Civil Court Search
\nLower county court records for small claims and other minor disputes.
\nCases typically involve lower monetary claims (< $5,000).
\nFederal Civil Court Search
\nAll 94 federal courts for violations of federal civil law.
\nCases involving all levels of the government, financial institutions.
\nFederal Bankruptcy Search
\nAll 94 federal courts for bankruptcy filings.
\nBankruptcies including Chapter 7, Chapter 11, and Chapter 13.
\n* See eligibility requirements for a 10-year search in “TYPES OF SEARCHES” module, which appears below on this page.
\n\n\n\nCompliance
\n \nEmployers using a Consumer Reporting Agency (CRA), like GoodHire, to run background checks to assess candidates during the hiring process have important responsibilities to ensure a fair and respectful process for the candidate, and to comply with various laws and regulations that govern employment screening. Find out how GoodHire’s built-in tools and workflows help you stay compliant.
\n \n \n\nFederal Fair Credit Reporting Act (FCRA)
You must adhere to the FCRA’s disclosure, authorization, and consent requirements. If the results of a background check prompt a decision to deny employment, the FCRA requires employers to follow specific adverse action steps.
Your Organization’s Hiring Policy
If your business is conducting background checks, your hiring and screening policies should be consistent and compliant to prevent discrimination and minimize the risk of litigation and enforcement from federal agencies.
Civil background checks identify a candidate’s non-criminal history, such as claims, suits, judgements, and bankruptcies. This type of background screening is often conducted by employers to assess a candidate’s credibility, financial stability, or legal history before making a hiring decision.
\n \n \n\nA civil background check searches a candidate’s civil records to gather information about their potential involvement in legal matters, such as lawsuits, judgments, liens, and bankruptcies. Civil record background checks may search upper and lower courts at the county and state level or at the federal level through the US District Courts.
\n\n\n\n\n\n\nA civil record refers to any official documentation or record related to civil litigation, such as small claims, liens, and breaches of contract. It may include court information and pertinent legal documents, such as court exhibits. Civil records are maintained and recorded by the court clerk in the federal, state, or county court responsible for the case.
\n\n\n\nCivil court history provides a historical account of legal proceedings and can be accessed for various purposes, such as pre-employment background checks. These records are generally considered public information, although certain details may be restricted or sealed depending on the jurisdiction and the nature of the case.
\n\n\n\nCivil court history provides a historical account of legal proceedings and can be accessed for various purposes, such as pre-employment background checks. These records are generally considered public information, although certain details may be restricted or sealed depending on the jurisdiction and the nature of the case.
\n\n\n\n\n\n\n\nCivil searches and criminal background checks differ in terms of the type of information they return. Civil court background checks show non-criminal history information, such as small claims judgments, and tax liens. On the other hand, criminal background checks show a candidate’s criminal history, including arrests, warrants, and convictions. Both civil and criminal background checks are often used by employers as part of the pre-employment background screening process.
\n\n\n\n\n\n\n\nEmployers check civil court records to assess a candidate’s financial responsibility, integrity, and trustworthiness which can help mitigate risk, comply with industry regulations, and protect business interests. A civil background check for employment is common for positions where the candidate may have fiscal responsibility or access to financial assets.
\n\n\n\n\n\n\n\nA civil records background check shows non-criminal case information about a candidate from lower, upper, or federal courts. Many states divide lower and upper courts based on the monetary amount of the claim and commonly include judgments, evictions, foreclosures, and restraining orders. A federal civil background check will search the 94 District Courts, and may include violations of federal regulations or civil rights and tax disputes.
\n\n\n\nThis civil record information generally includes the candidate’s name, type of case filed, and whether the candidate was the plaintiff or defendant. A civil court history may also show the date of the lawsuit, court location, case title, and case number.
\n\n\n\nIt’s important to note the availability and accessibility of civil records can vary depending on jurisdiction and local regulations. Additionally, the depth of information provided in a civil background check may depend on the extent of the search conducted and the sources.
\n\n\n\n\n\n\n\nThe frequency of civil background search conducted by employers can vary depending on factors such as job requirements, industry regulations, and company background check policy. Typically, they are done during the pre-employment background screening process, and periodic checks may be conducted for certain positions or industries, such as those in finance. Some industries may have specific regulations mandating regular background checks. Employers may also consider civil history background searches when an employee is being considered for a promotion or transferred to another role or department.
\n\n\n\n\n\n\n\nThe lookback period of civil background checks can vary depending on the jurisdiction and the specific requirements of the employer or industry. Generally, they go back seven years and may go back ten years for bankruptcies. Additionally, some states may have specific limitations on how far back certain civil records can be considered for employment purposes. For example, Massachusetts law generally permits only seven years of civil court history, but fourteen years for bankruptcies.
\n\n\n\nIf an employer conducts civil court background checks through a consumer reporting agency (CRA), they must comply with the federal Fair Credit Reporting Act (FCRA). This limits the reporting of civil records to the following timeframes from the date of the report:
\n\n\n\nThe turnaround time for a civil background check can vary depending on the scope of the search and whether you’re partnering with a background check provider, like GoodHire. When working with a CRA, it generally takes three to seven days, depending on how the records must be accessed. Many counties allow civil record searches at the courthouse, while others require that researchers do searches on your behalf, which can affect the speed. Partnering with a CRA has the added benefit of offering multiple background screenings which enables employers to easily conduct civil history background checks as part of a comprehensive pre-employment background check.
\n\n\n\n\n\n\n\nCivil background checks provide further insight into a candidate’s non-criminal history to help safeguard assets and hire qualified candidates. GoodHire offers 100+ screening options, making it easy to include county and federal civil background checks as part of a comprehensive background screening program. Our platform helps streamline your hiring process with automated features that support compliance, fast turnaround times, and accurate results so you can hire with confidence. Get started today.
\n\n\n\n\n\n\n\nThe resources provided here are for educational purposes only and do not constitute legal advice. We advise you to consult your own counsel if you have legal questions related to your specific practices and compliance with applicable laws.
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