Job seekers often worry that an outstanding warrant or pending legal issue could disqualify them from employment. While the answer is not a simple yes or no, understanding the screening process is important. The visibility of a warrant depends heavily on the specific type of background check conducted and the nature of the legal order itself. This article clarifies the scope of employment screening regarding outstanding warrants and the regulations governing the use of this information in hiring decisions.
How Employers Conduct Background Checks
Employers typically rely on third-party screening agencies, often called Consumer Reporting Agencies (CRAs), to conduct pre-employment background checks. These agencies compile criminal history information from various public record sources. The scope of the search is determined by the employer, ranging from basic identity verification to an in-depth investigation of an applicant’s history.
A comprehensive check often involves searching county-level court records, state criminal repositories, and national databases. County-level searches are considered the most accurate source for recent criminal history and pending cases, as this is where most criminal actions are initially filed. The CRA compiles the results of these searches into a consumer report provided to the prospective employer.
Are Warrants Included in Standard Background Checks?
Warrants are court-issued legal documents that can appear on a background check, though their visibility is not guaranteed. An outstanding arrest warrant is often tied to an active court case or unresolved legal matter, placing the record within the public domain. If a background check includes a search of court records for pending cases, an active warrant may be revealed.
The type of warrant significantly influences its discovery. Bench warrants, issued for failure to appear or non-compliance with a court order, are linked to a pending case and are often visible through court records searches. Similarly, a warrant issued as part of a current criminal case is likely to appear, as the underlying matter is public record. Standard criminal background checks often focus on convictions, meaning a warrant that has not led to an arrest or conviction might only be found if the employer orders a comprehensive, wide-ranging search.
Legal Restrictions on Using Arrest Records
The federal Fair Credit Reporting Act (FCRA) imposes procedural requirements on employers using third-party agencies for background checks. Before running a check, the employer must provide the candidate with a clear disclosure and obtain written consent. If the employer intends to use information from the report, such as a warrant or arrest record, to make an adverse hiring decision, they must follow a two-step adverse action process.
This process first requires the employer to provide the applicant with a copy of the report and a summary of their FCRA rights. This allows the applicant time to review and dispute any inaccuracies. After a reasonable waiting period, the employer can then issue the final adverse action notice, formally notifying the candidate of the decision. State and local laws often govern the substance of what can be considered, particularly concerning non-conviction records. Many “Ban the Box” initiatives limit or prohibit employers from considering arrest records that did not lead to a conviction when making a hiring decision.
When Warrants Directly Impact Job Offers
When an outstanding warrant is discovered, employers must assess its relevance to the specific job. Federal guidance recommends avoiding blanket policies that automatically disqualify all applicants with a criminal history. Instead, the employer should perform an individualized assessment of the information based on job requirements.
This assessment involves considering the nature and seriousness of the offense for which the warrant was issued, the time passed since the underlying conduct occurred, and the duties of the position sought. For roles involving fiduciary responsibility, security, or working with vulnerable populations, a warrant related to theft or violent conduct will likely carry more weight. The goal is to determine if the nature of the legal issue creates an unacceptable risk to the business or its employees.
Addressing an Outstanding Warrant Proactively
An individual with an outstanding warrant can take proactive steps to mitigate the potential negative impact on their job search. The most effective step is to seek legal counsel and work to resolve the warrant before applying for jobs. Resolving the underlying legal issue prevents an unexpected arrest and removes the active warrant from the public record.
If resolution is not immediately possible, a candidate can request a copy of their own criminal history report to understand what information an employer might see. This allows for informed decision-making regarding voluntary disclosure during the application process. While disclosure is a personal choice, discussing a plan to resolve the matter with a potential employer may demonstrate honesty and responsibility.