A background check can cover many areas of inquiry depending on a client’s needs. Commonly searched areas include criminal history, civil litigation, driver’s records, bankruptcies, liens and judgments, education and employment verifications, and social media and internet checks. However, when assessing potential background check vendors and packages, it’s critical to understand what you’re getting in each background check. When it comes to court records, we find that many clients are unaware of the gaps in the information they receive from other providers. Courts can greatly differ in what they cover, their area of jurisdiction, and any additional state or local regulations. This makes it essential to understand a breakdown of federal, state, county, and local levels of research, and how states may vary.
This is why it is important to partner with a background check provider like Checkers International, Inc., who will transparently share the pros and cons of each option and work with clients to provide background checks that fit their needs.
While a search subject’s city, county, state of residency, employment, and/or place of education are necessary for determining relevant courts in which to conduct research for a background check, some states have statewide court systems that allow for easy access to a statewide search. Still, statewide court systems typically only cover certain types of matters, such as felony criminal history, but not lesser offenses or civil litigation. This is one reason why hiring a background check company that “casts a wide net” by compiling an Address Profile from multiple sources of information is incredibly important. Checkers International, Inc. specializes in these techniques to maximize the chances of finding information relevant to our clients.
Municipal courts typically cover the lowest levels of traffic matters, criminal offenses, or ordinance violations. Some municipal courts may also handle civil actions, such as protective orders and divorce cases. These courts may have jurisdiction over an entire county or a smaller local jurisdiction, though some states do not have these courts at all. Municipal courts are sometimes also referred to as city courts, with similar courts being summary courts or mayor’s courts. The term “municipal courts” is a general term for lower courts, but locally they may go by completely different names such as Parish Court, Town Court, and Justice of the Peace Court.
A state-specific example is Texas, which allows for up to eight justice of the peace precincts, depending on the population within a county. These courts cover misdemeanor criminal cases punishable by fines only, as well as small claim matters and warrants of arrest.
Ordinance violations are location-specific offenses considered to have violated local municipal rules, such as nuisance dogs or open containers of alcohol. Other offenses, such as traffic violations, can vary from traffic light violations to driving under the influence, speeding, or expired tags/plates. In addition, active warrant information may appear on background check results at the municipal level, though these results can also populate in county or state searches.
Although these violations are most common at the municipal level, they can sometimes appear in higher criminal courts depending on how the state consolidates records. T
his highlights the importance of working with your selected background check provider to ensure that potentially relevant records at lower-level court are not missed by providers who only check “upper-level” or county courts. Our researchers have often found pertinent records at lower-level municipal courts that catch our clients by surprise, especially when those candidates had previously been vetted through other providers who overlooked these courts.
County-level research can include information on one or multiple jurisdictions within a state, ranging from traffic and ordinance violations to more serious misdemeanors and felonies, as well as civil litigation matters. For example, civil litigation cases can include debt claims, breach of contract cases, landlord/tenant disputes, and allegations of fraud, harassment, discrimination, or wrongful termination.
Some county courts also oversee municipal court cases and appeals processed from lower courts. States vary in their inclusion of county courts, with some having only county courts, some having both county and state courts, and others incorporating municipal courts as well. It is not uncommon for civil cases to be split among various courts at different levels, depending on the type of civil case. For example, a county court may cover small claims matters up to a certain amount (e.g., $15,000), while higher-value cases would be handled by a superior court.
A statewide search offers a broad scope and often includes the most serious criminal and civil matters. Sometimes these cases originate in these courts, while others are transferred from lower courts. However, some counties within a state do not submit records to a statewide database, further underscoring the importance of checking applicable county or local courts.
Some states maintain a statewide court system and provide an all-in-one search, such as New Jersey, New York, Hawaii, Maryland, and Colorado. Other states, however, do not maintain such systems. This makes it crucial for a background check vendor to understand the structure of each state’s and county’s court system to ensure no potentially relevant records are missed.
The highest level of courts in the United States is the Supreme Court, with district courts and courts of appeals below it. These courts handle highly specific cases. Courts at the federal level include District Courts, which are granted jurisdiction by the Constitution and handle cases involving the United States government, disagreements between states, or disputes with foreign governments. Federal court records are typically found through the Public Access to Court Electronic Records (PACER) database. Each state and the District of Columbia has at least one district court.
When understanding why a background check includes a federal-level search, it is important to note that one of the most prominent case types processed at this level is bankruptcy. Bankruptcy cases are categorized by the chapter under which they are filed, and may involve businesses, corporations, individuals, or spouses filing jointly, among other parties.
Serious criminal and civil matters, such as class action lawsuits, crimes on military bases, or interstate commerce violations, may also appear in federal records. Bankruptcy information related to individuals, business entities, company executives, multinational corporations, or government organizations can have significant implications for many industries.
Some of the most serious criminal and civil matters are also heard at the federal level, although it is more common for cases to be handled at the county, state, or local level. Federal criminal cases often depend on the subject matter and the location of the crime. For example, crimes committed on federal property or across state borders are heard in federal courts. Including federal-level searches in a background investigation is important, as cases ranging from minor traffic violations on military bases to serious offenses like money laundering and tax fraud may be uncovered.
If you found this overview of the court system confusing or overwhelming, you’re not alone! The U.S. court system is vast and complex, making it complicated to navigate. Checkers International’s team are experts specialized in court research and will carefully investigate each applicable court jurisdiction for an individual candidate or business, ensuring maximum results. This summary also emphasizes the importance of understanding the type of results provided by your background check provider. Many providers, for instance, skip local-level court research, and in doing so, miss important results.
Ready to take the next steps? Contact Checkers International today and let us help you get the answers you need.
Alyssa Goodreau has been with Checkers since 2023 as a Court Records Researcher and Project Manager. She received a Bachelor of Science in both Criminology/Criminal Justice and Applied Sociology, as well as a Master of Science Degree in Criminology/Criminal Justice from The University of Tampa. Alyssa enjoys crime shows and investigative series outside of work as well, in addition to anything related to horror, with her favorite author being Stephen King.
