Close

What Is a Federal Background Check and How Does It Work?

A federal criminal background check provides information about certain types of criminal cases prosecuted at the federal level — including robbery, fraud, embezzlement, tax evasion and white-collar offenses. Employers, hiring managers, landlords and others use federal background checks for in-depth vetting of prospective executives, workers and tenants.

Federal crimes are prosecuted through U.S. district courts, and defendants can appeal unfavorable verdicts to federal appellate courts. As a result, a federal criminal background check may yield documents from both the district and appellate levels.

What Is a Federal Background Check and Why It Matters for Your Hiring Process

A federal background check is a search of criminal cases prosecuted through the federal court system in the United States. These searches are conducted across all 94 federal district and appellate courts using the PACER system, which stands for Public Access to Court Electronic Records. Unlike state or county searches, which focus on local jurisdictions, federal searches identify crimes that fall under federal authority and therefore would not appear in local court records. This type of screening can reveal serious offenses such as fraud, embezzlement, tax evasion, identity theft, counterfeiting, kidnapping, interstate trafficking and crimes committed on federal property.

Because these cases are handled at the federal level, they are not captured in standard county or state background checks, making them a critical component of a comprehensive hiring strategy.

At Global Verification Network, our compliance-first approach ensures that every background investigation is conducted accurately and in accordance with federal guidelines. Every member of our team is FCRA certified, and our senior leadership holds Advanced FCRA certification, placing them among the top compliance professionals in the country. This level of expertise is essential when working with complex federal court records, where accuracy and proper handling of information are critical.

It is important to understand that a federal background check is not a standalone solution. Instead, it is one piece of a broader screening strategy that should also include state, county and other relevant searches depending on the role and risk level.

Federal vs. State vs. National Background Checks: How to Build a Complete Screening Strategy

Employers often assume that one type of screening will provide a complete picture of a candidate’s history. In reality, different types of background checks serve different purposes, and understanding how they work together is key to effective risk management.

Federal searches use PACER to identify crimes prosecuted in federal courts. State and county searches focus on violations handled by local jurisdictions, such as assault, robbery, DUI and other common offenses. A national background check aggregates data from multiple databases, but it does not reliably include federal convictions and should not be used as a primary source for decision-making. Because of these differences, relying on a single search type can leave gaps. Crimes prosecuted at the state level will not appear in a federal search, and federal offenses will not appear in county records. A layered approach is necessary to uncover a complete criminal history and support a more informed hiring process.

There are also limitations to consider…

Federal records available through PACER generally date back to around November 2004, which means older cases may not appear. This makes it even more important to combine federal searches with other screening methods.

GVN takes a tailored approach to screening. Rather than offering one-size-fits-all packages, we provide a single point of contact who works with employers to determine the right combination of searches for each role. Screening is thorough and relevant, without unnecessary costs or delays.

How Federal Background Checks Work

Federal background checks begin with a search of the PACER database, which provides access to more than one billion federal court documents. These records include both felony and misdemeanor cases prosecuted at the federal level. The search is typically conducted using identifying details such as name and jurisdiction, and results may include case filings, charges and their outcomes.

Employers can technically access PACER directly, but doing so requires careful handling of data, as well as an understanding of compliance requirements. PACER charges fees per search and per document page, which can quickly add up. More importantly, employers must follow strict legal guidelines when using this information for hiring decisions.

Enlist the Help of an Expert

Working with a consumer reporting agency ensures that the process remains compliant. A CRA manages disclosure requirements, obtains proper authorization from applicants and supports adverse action procedures when necessary. The goal is to reduce legal risk and ensures that the screening process aligns with federal regulations.

GVN’s lean methodology improves both speed and accuracy. By streamlining investigative workflows and leveraging experienced professionals, we reduce errors and deliver results efficiently.

What Shows Up on a Federal Background Check: Crimes, Timelines and Sealed Records

Each criminal record is tied to a federal court case and includes details about charges and outcomes. Federal background checks can reveal a wide range of serious offenses, which may include:

  • Fraud
  • Embezzlement
  • Tax evasion
  • Identity theft
  • Counterfeiting
  • Kidnapping
  • Interstate drug trafficking
  • Bank robbery
  • Firearms violations
  • Crimes involving federal employees or property

Unlike some state-level searches, federal convictions can appear regardless of when they occurred. However, under FCRA guidelines, certain non-conviction records may be limited to a seven-year reporting period when a candidate’s salary falls below a specified threshold. Expunged or sealed records generally do not appear in standard screening results. However, certain government or national security roles may require deeper review, including access to an identity history summary or other specialized reports tied to the criminal justice system.

GVN’s investigative professionals review and verify each record to ensure accuracy, reducing the risk of acting on incomplete or misleading data and helping employers interpret findings within the proper context.

FCRA Compliance and Legal Requirements You Must Follow Before Screening

Before conducting any pre-employment background check, employers must comply with the Fair Credit Reporting Act. This includes providing a clear disclosure to candidates, obtaining written consent and following proper procedures if adverse action is taken based on screening results.

Employers must consider guidance from the Equal Employment Opportunity Commission. This requires evaluating the nature of an offense, the time that has passed and its relevance to the position before making a hiring decision. Blanket policies that automatically disqualify candidates based on a criminal record can create legal risk. Ban-the-box laws in many jurisdictions restrict when employers can ask about criminal history during the hiring process. Laws vary widely, making compliance more complex for organizations operating across multiple locations.

GVN’s compliance-first model helps employers navigate these requirements with confidence. Our team ensures that all screening processes meet FCRA standards and that sensitive information and personal information are handled securely. As a certified CTPA provider, we support organizations in regulated industries where compliance is especially critical.

How Federal Background Checks Are Used

Federal background checks are commonly used for roles that involve access to financial systems, confidential data or high levels of responsibility. Positions in banking, healthcare, government contracting and executive leadership often require this level of screening.

They are also used in conjunction with other checks to provide a more complete view of a candidate’s background. For example, employers may combine federal searches with employment verification and education verification, along with other screenings to ensure that all aspects of a candidate’s history are validated. In some cases, additional processes such as an expedited FBI background check may be required, particularly for roles tied to federal agencies or security clearance. Checks like these may involve submitting fingerprints using a fingerprint card and following specific departmental order requirements.

By incorporating federal screening into a broader strategy, employers gain deeper insight into candidate risk while maintaining a consistent and compliant hiring process. 

Professional Assistance With Federal Background Screenings

Hiring for law enforcement and other public-sector positions — along with executive, financial and sensitive jobs — requires conducting thorough background screenings.

Federal background checks are an important component of your overall vetting process. By verifying critical information such as federal criminal charges and convictions, employment history and lawsuits, you gain confidence in the fitness of candidates for important positions.

To learn more about federal background checks or to request a quote, please contact Global Verification Network.