Can You Legally Run a Criminal Records Search On Anyone? |
Posted: February 17, 2020 |
Criminal background checks can reveal crucial information about the people around you. But is it really legal to just run a criminal records search on someone? Today, we’re explaining everything you need to know about the legality of running a criminal records search on anyone, including whether or not you need permission and what types of records are legally accessible. You Can Legally Run a Background Check on Anyone in Many SituationsFirst, let’s clarify that you can run a background check on anyone in many situations. If you have a person’s name, it’s possible to check that person’s criminal record at the state or county level. You can check that person’s driving record, criminal history, and other information. There’s nothing preventing you from researching someone. It’s completely legal in most situations. However, there’s one big caveat. Running a criminal record check without permission is illegal when used in professional settings or for criminal purposes. If you are running a background check on someone to blackmail or extort them, for example, then this background check is illegal. If you are planning to hire someone and don’t have permission to run a background check, then it’s illegal to run a background check. Background Checks in Professional SettingsTo run a background check or criminal records search on someone in a professional setting, you typically need that person’s permission. If you are screening a job candidate, for example, then you will need the person’s permission before running a criminal records check. Generally, if you are planning to use a person’s background check to make important decisions about that person’s future, then you need that person’s permission. You may also need to abide by other laws depending on your state and situation. There are numerous laws dictating what you can and cannot do in this type of professional setting. The most important law is that you must obtain the consent of the person you are vetting before you proceed with the background check. Otherwise, you are committing an illegal act. You are violating the legally-protected rights of the individual. Background Checks in a Personal SettingRunning a criminal records check in a personal setting is generally legal. Some of the legal, personal reasons to run a background check include: Personal Relationships: Want to make sure your new date is telling the truth before going on a second date? Run a criminal background check. Teachers or Coaches: Curious about the people around your kid? It may be legal to run a criminal record check on a teacher or coach. Curiosity-Related Reasons: Curious about a coworker’s divorce or marriage records? Wondering if any neighbors have a history of sexual offenses? Debating whether or not to trust a new teacher or coach? If you’re making a background check for curiosity-related reasons, it’s generally legal. Criminal Records Searches for Illegal PurposesIt’s illegal to run a criminal background check against someone if you plan on committing a crime against that person. This may sound obvious, but it can be overlooked. If you plan on stalking someone, for example, or extorting them, then it may not be legal to run a criminal record check against that person. Final WordAs with any complex legal topics, we recommend speaking with a lawyer before running a criminal records search on someone. Laws vary widely depending on your situation. Generally, however, it’s legal to run a criminal background check on someone for non-professional and non-malicious reasons. If you are curious about a neighbor, a coach, or a teacher, for example, and want to learn more about that person’s background, then it should be legal to run a criminal record check on that person. It’s generally not legal, meanwhile, to run a criminal background check on someone for malicious or professional reasons. If you plan to blackmail someone by digging up information from their past, for example, then this isn’t legal. You can run a criminal background check on someone for professional and employment reasons, but you need the person’s permission.
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