Federal Court Background Checks for Employers and Landlords
This report is a practical business resource for employers, landlords, property managers, and screening decision-makers. It is not legal advice. Federal, state, and local rules change, and some industries and jurisdictions have stricter requirements than the general rules summarized here.
Executive Summary
A federal court background check searches records from the federal judiciary, most commonly through PACER – Public Access to Court Electronic Records. PACER provides public electronic access to federal court records, and registered users can search either the specific federal court where a case was filed or a nationwide index of federal cases.
Federal court searches are useful because they may reveal matters that will not appear in county or state court searches, including federal criminal prosecutions, federal civil lawsuits, appeals, and bankruptcy cases. Federal district courts handle nearly all categories of federal civil and criminal cases, while federal bankruptcy courts have exclusive jurisdiction over bankruptcy cases.
Federal searches should supplement, not replace, county and state searches. The federal and state systems are separate, and the U.S. Courts explain that state courts handle most criminal cases, most contract and tort cases, probate, and family-law matters. For many employment and rental decisions, a federal-only search will be incomplete.
For employers and landlords using a third-party background screening company, these reports are usually consumer reports under the Fair Credit Reporting […]
New I-9 Form Released
Form I-9 is used to verify the identity and employment authorization of individuals employed in the United States. Employers are very familiar with this form, as it is required for everyone hired to work in this country. In January 2025, the United States Citizen and Immigration Services (USCIS) released a new version of the I-9. While the August 2023 edition is still accepted for now, employers are encouraged to update to the newest version before the older ones expire. The new I-9 may be downloaded here.
Background Check Rules and Regulations in Florida: A Guide for Employers and Landlords
This report provides Florida-specific guidance for employers and landlords on conducting background checks in a compliant, lawful manner. It outlines state laws and procedures in Florida (with emphasis on employment screening) and highlights key federal regulations (like the Fair Credit Reporting Act) that also apply. The goal is to explain what records can be checked, how to use them legally, consent and notice requirements, and special rules for certain situations – all in plain language for non-experts.
Changes to our criminal background checks
Starting in June 2024, SentryLink is required to collect additional information in order to perform criminal background checks:
- Either a social security number for the applicant, or an affirmative statement that this person has no valid SSN.
For more details, please keep reading.
Social Security Number of applicant, or affirmation
Almost all of our customers already put in an SSN, which is the best way to ensure accuracy and speed. For those few who do not, it will now be required.
If you have a candidate without an SSN, you may check the box stating that this person does not have an SSN. That statement will be printed on the final report. Making this statement may affect the accuracy of the search, so please do not use this option unless it is true.
Thank you for choosing SentryLink and we appreciate your business.
Navigating the Texas Regulatory Consistency Act: A Guide for Employers
employment leave, hiring practices, breaks, employment benefits, scheduling practices, and any other terms of employment that exceed or conflict with federal or state law for employers other than a municipality or county.
On September 1, 2023, the Texas Regulatory Consistency Act, or House Bill 2127, will be coming into effect. For employers across the state, particularly those who are concerned about local ordinances when conducting employment screening, this Act may add some consistency and clarity. Let’s explore what this means for businesses operating in Texas.
Understanding the Shift
The Texas Regulatory Consistency Act has been crafted with the intention of streamlining regulations across Texas. Its primary aim is to prevent cities and counties from enforcing or enacting rules that conflict with state statutes, unless expressly permitted by another law. With this Act, businesses can expect a more standardized regulatory landscape, particularly in areas ranging from workers’ rights to property matters.
Central to the Act is the concept of preemption, where state laws will have precedence over local ordinances. In practical terms: if a local law conflicts with a state law, the latter will prevail. This ensures that businesses have a uniform set of guidelines to follow, regardless of the city or county in which they operate.
The Act is fairly broad — while it does not cover every single regulatory area, it does specifically include employment practices:
employment leave, hiring practices, breaks, employment benefits, scheduling practices, and any other terms of employment that exceed or conflict with federal or state law for employers other than a municipality or county.
FTC Issues Guidance to Landlords on Using Consumer Reports: Everything You Need to Know
- Credit reports from major bureaus like Trans Union, Experian, and Equifax.
- Rental history reports from tenant screening companies.
- Criminal history from background check companies.
- Comprehensive reports that […]
In July 2023, the Federal Trade Commission (FTC) released important guidance for landlords, property managers, and other housing providers who utilize tenant background checks for making housing decisions. Landlords often require a deeper understanding of their applicants than employers do, requiring in-depth background checks. This guidance aims to ensure clarity and compliance.
It also seeks to clarify adverse actions, and when tenants should be notified of them. The FTC appears to be concerned that tenants are not always receiving the notices they are entitled to by law.
Understanding Tenant Background Checks
When landlords evaluate housing applications or decide on lease renewals, they often use tenant background checks. Such checks can reveal information ranging from rental and eviction history to credit records and criminal backgrounds.
These background checks are, in essence, consumer reports. When landlords use these reports for decision-making, they must adhere to the Fair Credit Reporting Act (FCRA), which the FTC oversees.
Essentials of the Fair Credit Reporting Act
What is a Consumer Report?
Consumer Reporting Agencies (CRAs) compile these reports for businesses, including landlords. They can encompass:
- Credit reports from major bureaus like Trans Union, Experian, and Equifax.
- Rental history reports from tenant screening companies.
- Criminal history from background check companies.
- Comprehensive reports that […]