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Civil Court Searches In Background Checks

We’re all familiar with the idea of criminal background checks which reveal whether or not a candidate has been convicted of a crime. But this information is just one small piece of a very large puzzle.

In some cases, you may want to supplement your criminal background check with civil court searches.

But is that necessary? And what information will such searches reveal? And how do you go about conducting one?

Let’s dive into the questions you may have about civil court searches.

What’s the Difference Between a Civil And a Criminal Background Check?

A criminal background check uncovers crimes that were prosecuted by a federal, state or local government entity, whereas a civil case is filed and brought to court by another wronged party. While criminal cases may result in fines and jail time, a civil case typically leads to a financial settlement made to the plaintiff. Additionally, criminal convictions require proof of guilt beyond reasonable doubt; however, this is not always true of civil cases. In fact, it can happen that an individual who is acquitted of a criminal charge may be found guilty of that same charge in a civil court.

Searches of civil courts typically go back seven years, and they will include information about both the plaintiff and defendant in each case. Information includes names, the type of case, and the date it was opened and closed.

What Can You Find Out In a Civil Background Check?

Often a civil court search at the state level will pull up records from the lower courts (claims that are under $5000) as well as upper courts (claims for amounts of $5000 or above. You can also opt to pull up records at the local and/or federal level.

Here is a partial list of some of the types of litigation that you may be able uncover through a civil court search:

     Discrimination

     Personal injury

     Product liability

     Child support orders

     Interstate commerce

     Government regulations

     Bankruptcy

     Eviction

     Non-payment for goods or services

     Estate disputes

     Child custody

     Tax disputes

     Problems with banks or other financial institutions

     Car accidents

     Consumer rights violations

     Divorce

You will find records in which the candidate’s name appears as the plaintiff or the defendant.

How Often Should You Conduct a Civil Court Search?

It’s important to find the right balance here. While you obviously want to build the most accurate overall picture of each candidate, bogging the hiring process down with too many searches can be counterproductive. After all, if it takes too long, you risk losing the best people to companies with a more streamlined process. For entry-level candidates, you may decide a civil records search isn’t worth it. However, it can be invaluable when hiring managers or other senior positions. It’s also a good idea for any candidate who will have access to confidential financial information. A civil court search can save you from financial loss due to fraud and embezzlement, and protect your reputation from the damage which can be caused by a negligent hire.

By using the services of Veriswift, you can be assured of a timely, accurate and thorough civil background search that allows you to properly evaluate top talent while protecting your assets and reputation.