Criminal records are a major factor in tenant screening decisions, but what actually shows up—and what landlords can legally consider—is murkier than many property managers realize. Understanding what's reportable, how old records factor in, and which jurisdictions have restrictions will help you make compliant screening decisions and avoid costly discrimination claims.
What Criminal History Actually Appears on Reports
Most tenant background checks pull from three primary criminal record sources: county court records, state repositories, and the FBI's fingerprint database. However, what gets reported varies significantly by jurisdiction and record type.
Felonies and misdemeanors typically appear with full details: conviction date, charges, sentence length, and current incarceration status. Depending on the screening company's database reach, reports may cover the past 7–10 years, though some serious felonies (like violent crimes or sex offenses) can appear indefinitely in certain states.
Arrests without convictions are legally reportable in most states, but this is where complications arise. An arrest that was dismissed, resulted in acquittal, or led to a plea deal carries different implications—and different legal restrictions in places like California and New York.
Juvenile records are almost never included in standard tenant background checks. These are sealed in most jurisdictions and require a separate, more expensive process to access (typically $200–400 extra).
State-Specific Restrictions on Criminal Reporting
Before you use any criminal history to reject an applicant, check your state's "ban the box" laws and conviction consideration guidelines.
California prohibits reporting arrests that didn't result in conviction and limits reporting of convictions older than seven years (with narrow exceptions for violent felonies). Landlords also can't deny housing based solely on a prior conviction—they must assess relevance to tenancy.
New York similarly restricts older convictions and has strict rules about arrest-only records. They also require a written adverse action notice if you deny based on criminal history.
Texas, Florida, and Georgia have fewer restrictions but still follow federal Fair Housing Act guidelines, meaning you can't use criminal history as a proxy for race or national origin.
Federal Section 8 and HUD guidelines prohibit tenants with certain drug convictions or sex offenses from public housing. If you manage subsidized properties, these apply regardless of state law.
If you're managing properties across multiple states, comparing tenant screening providers that understand regional compliance is essential—Mercoly helps you find and evaluate background check companies that specialize in your jurisdiction's requirements.
What Landlords Can and Cannot Do
You can consider:
- Recent violent felonies or crimes involving property destruction
- Sex offenses, especially if children could be on the property
- Drug manufacturing or distribution (drug use alone is weaker grounds)
- Fraud or forgery directly relevant to rental agreements
You cannot consider:
- Sealed or expunged records (legally non-existent for hiring purposes)
- Arrests without conviction
- Convictions older than your state's reporting window (typically 7 years)
- Criminal history as a blanket rule—you must assess individual circumstances and nexus to tenancy
A 15-year-old DUI conviction, for example, typically cannot be grounds for rejection. A conviction for check fraud three months ago, however, creates legitimate concerns about payment reliability.
Red Flags in Screening Reports
When reviewing criminal history sections, watch for:
- Vague charge descriptions – Ask your screening provider for clarification. "Assault" covers everything from a bar fight to a serious injury.
- Multiple entries for the same incident – Courts sometimes list a case under different docket numbers. Confirm you're not double-counting.
- Current incarceration status – If an applicant lists an address but is actively incarcerated, something is wrong with the application or the report.
- Inconsistencies with the application – If they said "no criminal history" but charges appear, that's a separate integrity issue worth investigating.
Typical Screening Costs and Timelines
Criminal background checks usually cost $20–60 per report when bundled with other screening (credit, eviction history, employment verification). Standalone criminal reports run $15–40. Most results arrive within 1–3 business days, though comprehensive national searches may take 5–7 days.
More detailed county-level searches or international records cost $50–150 extra and take 7–14 days.
Frequently Asked Questions
Q: Can I reject a tenant for a 10-year-old felony conviction? It depends on your state and the crime. Most jurisdictions have a 7-year reporting window, but violent felonies, sex offenses, and crimes directly related to rental obligations (fraud, property damage) may have longer windows or no limit.
Q: Should I run a criminal check on all applicants or only those I suspect? Run checks on all qualified applicants consistently. Selective screening creates discrimination liability—apply the same criteria uniformly to protect yourself legally.
Q: What's the difference between a county search and a national FBI search? County searches are faster and cheaper ($20–40, 2–3 days) but only cover that jurisdiction. National FBI fingerprint searches are comprehensive but cost $100+ and take 7–14 days; use these for serious concerns.
Need help finding screening providers that match your state's compliance requirements and budget? Compare and review trusted tenant background check services on Mercoly.