What You Need to Know About Warrants and Background Checks
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By
Turn Staff
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Background checks are a common part of the hiring process, but whether warrants appear on them is not always straightforward. This post will discuss different warrant types and their impact on background checks.
Types of Warrants:
- Bench Warrants: Issued during ongoing court cases, bench warrants may appear on background checks if the case is pending. However, results may vary depending on the type of background check conducted.
- Criminal Warrants: Signed by a magistrate and authorized by a judge, criminal warrants may or may not appear on background checks. Accessibility depends on the jurisdiction and the specific check being conducted.
- Civil Warrants: Civil warrants, related to court order violations like unpaid child support, may show up on background checks if included in public court records. Standard criminal checks might not reveal civil warrants.
- Traffic Warrants: Traffic warrants, considered bench warrants, are issued for unpaid tickets or failure to appear in court. While they might appear on some checks, they generally don’t show up in standard background checks.
Warrants When Looking for a Job
Warrants’ appearance in employment background checks are complex. Most criminal checks don’t include warrants, but civil history checks might. The scope of the check matters, as warrants are typically found in publicly accessible court records.
Having a warrant doesn’t automatically disqualify employment, especially if it doesn’t lead to a conviction. It might not appear on a background check if it’s resolved. However, an open warrant could be visible during the employment adjudication process.
Search Warrants and Background Checks:
Search warrants, used in criminal investigations, don’t appear on background checks. They serve as tools for law enforcement and have no direct impact on background check results.
Whether warrants appear on background checks depends on warrant type, jurisdiction, and the specific check. Understanding the implications of different warrants is crucial for individuals and employers. Consult legal professionals or background check providers if you have concerns about warrant presence on your background check.
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Disclaimer:
Turn’s Blog does not provide legal advice, guidance, or counsel. Companies should consult their own legal counsel to address their compliance responsibilities under the FCRA and applicable state and local laws. Turn explicitly disclaims any warranties or assumes responsibility for damages associated with or arising out of the provided information.
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