When conducting employment screening, employers should understand three things when it comes to federal crime: where federal criminal court records are kept, why this search differs from a “national database” and what may or may not show up as part of a background check. For starters, federal crimes are offenses that violate U.S. federal laws, including those that are distinctive to the federal system, as well as those that would otherwise fall under state or local jurisdictions. These federal cases will not show up in a “national database” type search or at the county or local level, allowing convicted offenders to go undetected when a federal record search is not part of the background check. The system used to search each district within the United States is the Public Access to Court Electronic Records (PACER), but it should only be used during screening by an employer who understands how to navigate case files, as well as read and examine criminal records and the final disposition.
