Why It Matters
Landlords run criminal history checks to assess whether an applicant's past poses a meaningful safety risk to the property, neighbors, or other residents. Unlike a credit check, which measures financial reliability, a criminal history check focuses on conduct and personal history. Most landlords use a third-party background check service that pulls records from county, state, and federal databases. The results must be evaluated carefully — blanket policies that reject anyone with any criminal record can violate Fair Housing laws in many jurisdictions.
At a Glance
- Covers arrests, convictions, sex offender registry status, and in some cases federal records
- Must be applied consistently to every applicant at the same stage of screening
- Blanket "no felony" policies may violate HUD guidance and local fair chance housing ordinances
- Lookback windows vary by jurisdiction — some states limit checks to 7 years
- Typically costs $15–$40 as part of a full screening package
How It Works
A criminal history check pulls records from multiple databases simultaneously. When you order a background check through a screening service, it queries county courthouse records, state criminal repositories, sex offender registries, and sometimes federal databases like the PACER system. The report returns a list of charges, their dispositions (convicted, acquitted, dismissed), and sentencing details. Not all crimes appear — minor infractions and sealed or expunged records are typically excluded depending on state law.
The report is only as good as the databases behind it. Some county courthouses don't report electronically, which means records from those jurisdictions may not appear. A "clear" report doesn't guarantee a clean history — it means nothing was found in the databases searched. This is one reason landlords pair a criminal check with employment verification and a landlord reference call, which can surface behavioral issues a database won't catch.
How you act on the results matters as much as what you find. HUD's 2016 guidance makes clear that blanket policies excluding anyone with a conviction — regardless of the offense, how long ago it occurred, or what has changed in the applicant's life — can constitute disparate impact discrimination under the Fair Housing Act. Best practice is an individualized assessment: consider the nature of the offense, the time elapsed, evidence of rehabilitation, and the direct relevance to tenancy. Document your reasoning in writing for every decision that involves a criminal record.
Real-World Example
Mei-Lin owns a six-unit building in Phoenix and screens every applicant the same way: application, credit check, criminal history check, and a landlord reference call. A qualified applicant named Jason came in with strong income, good credit, and a solid rental history — but his background check returned a felony conviction for drug possession from nine years ago. Mei-Lin didn't automatically reject him. She reviewed the offense (non-violent, no victims), the time elapsed, and the fact that he had held steady employment for five consecutive years since release. She called his previous landlord, who gave him a strong reference. After documenting her individualized assessment in her screening file, she approved Jason. Six months in, he's paid rent on time every month. Mei-Lin's approach protected her from a fair housing complaint and landed her a reliable tenant.
Pros & Cons
- Identifies applicants with violent or predatory criminal histories that pose a direct safety risk
- Helps protect other residents, especially in multi-unit buildings with shared common areas
- Creates a documented screening record that demonstrates consistent, defensible criteria
- Paired with a full background check, it surfaces information no credit score can reveal
- Many screening services now include it automatically alongside credit and eviction data
- Databases are incomplete — county-level records are often missing or delayed
- A "clear" result can create false confidence if the applicant's home jurisdiction doesn't report electronically
- Blanket rejection policies based on criminal history carry significant fair housing legal risk
- Applicants with expunged or sealed records may be unfairly stigmatized if records appear in error
- Adds cost ($15–$40) and processing time to the screening workflow
Watch Out
Blanket policies are a liability, not a protection. It's tempting to write a lease policy that says "no criminal history, period" — it feels clean and easy to apply. But HUD guidance and a growing number of state and local fair chance housing laws explicitly prohibit this. A blanket policy that disproportionately affects a protected class (which criminal history statistics often do) can result in fair housing complaints, investigations, and significant penalties. Replace blanket rules with a written individualized assessment policy.
Know your jurisdiction's lookback limits before you screen. Some states — including California, New York, and Washington — restrict how far back a criminal history check can reach, typically to seven years. Others restrict what types of records can even be considered. If you're operating across multiple states, you need state-specific screening criteria, not one universal policy. Using a screening service doesn't automatically keep you compliant — you need to configure lookback windows and restricted offense categories for each market.
Arrests without convictions deserve special caution. An arrest record means law enforcement suspected someone of a crime — it does not mean they committed one. Many screening reports include arrests regardless of outcome, and some landlords mistakenly treat an arrest like a conviction. In several states, using arrest records without convictions in tenancy decisions is explicitly prohibited. Always distinguish between the two in your review process and apply your policy only to verified convictions.
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The Takeaway
A criminal history check is a useful screening tool when applied thoughtfully and consistently — but it requires more care than a credit pull. Build a written individualized assessment policy, know your jurisdiction's lookback limits, and never treat an arrest as a conviction. Done right, it protects your property and your residents without exposing you to fair housing liability.