What Is a Criminal Background Check for Landlords?

Criminal background check for landlords is a tenant screening report that helps landlords and property managers review available criminal history information before making a rental decision. Depending on the report and data sources used, a tenant criminal background check may include national database searches, county-level records, state records, federal records, and sex offender registry information.

Criminal background checks are often used as one part of a larger tenant screening process. Landlords should not rely on criminal history alone. A better approach is to review the full rental application, credit history, eviction history, income verification, rental references, and identity information together.

This guide explains what a criminal background check for landlords may include, how the process works, what landlords should review, and what legal considerations to keep in mind.

What Is a Tenant Criminal Background Check?

A tenant criminal background check is a report that searches available criminal record sources for information connected to a rental applicant. These reports are commonly ordered by landlords, property managers, and housing providers as part of the rental applicant screening process.

A criminal background check may help landlords identify records that could be relevant to rental decision-making, depending on applicable federal, state, and local laws.

If you need online screening options, ThoroughScreen offers tenant screening reports for landlords that may include criminal background search options.

What Shows Up on a Criminal Background Check for Landlords?

What appears on a criminal background check can vary based on the provider, jurisdiction, report type, applicant information, and available data sources.

A tenant criminal background check may include:

• National criminal database search: Searches available criminal record databases across multiple jurisdictions
• County criminal record search: Reviews available county-level court records
• State criminal record search: Searches available state-level criminal record sources where available
• Federal criminal record search: Reviews available federal court records
• Sex offender registry search: Checks available state or national registry information
• Alias or name history search: Helps identify possible records under other names when available

Not every report includes every search. Landlords should review the report details before ordering so they understand what is included.

Why Landlords Use Criminal Background Checks

Landlords use criminal background checks to better understand applicant history and support a more complete rental review. The goal is not to automatically reject applicants with any record. Instead, landlords should use criminal history carefully, consistently, and in line with applicable laws.

A criminal background check may help landlords:

• Review available applicant background information
• Support a more complete tenant screening process
• Apply written rental criteria more consistently
• Identify records that may require further review
• Document screening decisions more clearly
• Review potential risk factors along with other application details

Criminal background screening should be one part of a broader applicant review, not the only factor.

How to Run a Criminal Background Check on a Tenant

Landlords should follow a clear process before ordering a criminal background check on a rental applicant.

Step 1: Create Written Screening Criteria

Before screening applicants, create written rental qualification criteria. This helps you apply the same standards to every applicant and avoid inconsistent decisions.

Your criteria may explain how you review:

• Income and employment
• Credit history
• Eviction history
• Rental references
• Criminal background information where permitted
• Identity verification

Step 2: Choose a Tenant Screening Provider

Choose a tenant screening provider that offers the report types you need, clear pricing, secure applicant authorization, and online report delivery.

You can compare available report options on the ThoroughScreen pricing page.

Step 3: Get Applicant Authorization

Before ordering a criminal background check through a tenant screening provider, landlords should obtain the applicant’s written authorization. This helps document that the applicant understands a screening report may be requested for the rental application process.

Step 4: Collect Accurate Applicant Information

Accurate applicant information can improve screening quality and reduce mismatches. Common details may include:

• Full legal name
• Date of birth
• Current address
• Previous addresses
• Email address
• Government-issued photo ID
• Social Security number or alternative identifying information when applicable

Step 5: Order the Criminal Background Check

After authorization and applicant information are collected, the criminal background check can be ordered through the screening provider. Some results may be returned quickly, while other searches can take longer depending on data availability and jurisdiction.

Step 6: Review the Results Carefully

When reviewing criminal background information, landlords should avoid automatic decisions based on a record alone. Review the full context and consider whether the information is relevant under your written criteria and applicable laws.

Important factors may include:

• The type of record
• The seriousness of the offense
• How long ago the offense occurred
• Whether the record is complete and accurate
• Whether the record is relevant to the rental decision
• Whether local or state law limits use of the information

Legal Considerations for Criminal Background Checks

Criminal background checks can involve legal and compliance issues. Landlords should understand that federal, state, and local rules may affect how criminal history can be used in tenant screening.

Fair Housing Considerations

The Fair Housing Act protects people from housing discrimination based on protected characteristics such as race, color, national origin, religion, sex, familial status, and disability. Criminal history screening policies may create fair housing concerns if they are applied in a discriminatory way or have an unjustified discriminatory effect.

To reduce risk, landlords should avoid blanket policies such as automatically denying every applicant with any criminal record. Instead, use written criteria and review relevant details consistently.

FCRA Requirements

If a landlord uses a consumer reporting agency to obtain a tenant screening report, the Fair Credit Reporting Act may apply. Landlords should obtain applicant authorization and follow adverse action steps when information in the report affects a rental decision.

You can read more in our guide to FCRA tenant screening.

State and Local Laws

Some states, cities, or counties may limit when landlords can ask about criminal history, how far back records can be considered, or what types of records may be used. Landlords should check local requirements before creating a criminal history screening policy.

How Far Back Does a Criminal Background Check Go?

How far back a criminal background check goes depends on the type of report, jurisdiction, provider, and applicable law. Some records may appear from many years ago, while some states or cities limit how certain records can be considered in rental decisions.

Instead of relying only on age of the record, landlords should review whether the information is accurate, relevant, and allowed under applicable law.

Can Landlords Deny Applicants Based on Criminal History?

Landlords may be able to consider criminal history in some rental decisions, but they should be careful. Automatic denial policies can create legal risk. A better approach is to evaluate the nature, severity, and timing of the record and apply the same standards to every applicant.

If a tenant screening report affects the decision, landlords may need to provide an adverse action notice and give the applicant information about their rights.

Common Mistakes Landlords Should Avoid

When using criminal background checks, landlords should avoid these common mistakes:

• Running reports without written applicant authorization
• Using different standards for different applicants
• Automatically denying anyone with any criminal record
• Ignoring state or local restrictions
• Failing to review whether the record is accurate and relevant
• Not following adverse action steps when required
• Not documenting screening decisions

Best Practices for Landlords

Landlords can improve their tenant screening process by following clear and consistent best practices.

• Create written rental qualification standards
• Use the same screening process for all applicants
• Get written authorization before ordering reports
• Review criminal records in context
• Consider the nature, severity, and timing of records
• Follow state and local screening rules
• Document all screening decisions
• Use adverse action notices when required

Conclusion

A criminal background check for landlords can be a useful part of tenant screening when used carefully and consistently. These reports may help landlords review available criminal history information, but they should be considered alongside credit history, eviction records, income verification, rental references, and identity information.

ThoroughScreen helps landlords order online tenant screening reports, including criminal background search options, eviction reports, credit checks, and identity-related screening options.

Frequently Asked Questions

Can landlords run criminal background checks on tenants?

Yes. Landlords can request criminal background checks as part of the tenant screening process, but they should get applicant authorization, apply screening criteria consistently, and follow applicable federal, state, and local laws.

Can a landlord deny a tenant because of criminal history?

A landlord may be able to consider criminal history in some rental decisions, but automatic denial policies can create legal risk. Landlords should review the nature, severity, timing, and relevance of the record and follow adverse action steps when required.

How much does a criminal background check for landlords cost?

The cost depends on the report provider and the screening package selected. Landlords may order a criminal report by itself or choose a full tenant screening bundle that includes criminal, credit, eviction, and identity-related reports.