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Complete Guide to U.S. Criminal Record Check in 2026

Chapters
Understanding the U.S. Criminal Record Check SystemWho Needs a U.S. Criminal Record Check?Types of U.S. Criminal Record ChecksWhen You May Need Multiple U.S. ClearancesHow to Get an FBI Identity History Summary: Step-by-Step Guide (2026)How to Get Fingerprinting for a U.S. Criminal Record Check?State-Level Criminal Record ChecksHow Apostille and Authentication Work for International Documents Your Privacy Rights and How to Challenge Your FBI RecordEnd-to-End Timeline for FBI Criminal Record Check and Apostille Process
HomeGuidesComplete Guide to U.S. Criminal Record Check in 2026Understanding the U.S. Criminal Record Check System
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Ayushi Trivedi

Understanding the U.S. Criminal Record Check System

The U.S. does not issue a single unified Criminal Record Check. Instead, records are maintained at federal, state, and local levels, each serving a different purpose. Understanding how these systems work together is key to knowing which clearance your application actually requires.

What Is an FBI Identity History Summary?

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An FBI Identity History Summary is the official federal document that compiles all arrest and conviction data submitted to the FBI by law enforcement agencies across the United States. It is maintained by the FBI's Criminal Justice Information Services (CJIS) Division, headquartered in Clarksburg, West Virginia which is the central repository for the country's criminal history records.

When someone is arrested in the United States and fingerprinted, then those prints along with the charge and disposition data, are transmitted to the FBI and stored in the Next Generation Identification (NGI) system. The Identity History Summary is the compiled output of everything linked to a person's fingerprints within that system.

It is issued to the individual the record belongs to. It is not the same as a third-party background check, which employers or agencies run through separate authorized channels.

How the U.S. Criminal Record System Works in 2026

The United States does not have a single, unified national criminal database. Records exist across three levels of government. These are federal, state, and local, each with its own record-keeping systems and procedures.

Federal: Managed by the FBI’s Criminal Justice Information Services (CJIS) Division. It includes records submitted by federal agencies as well as data reported by state and local law enforcement. This is what you access through an FBI Identity History Summary.

State: Each of the 50 states maintains its own criminal history repository, through the State Bureau of Investigation or State Police. Reporting to the FBI is not always consistent or instantaneous  which means gaps can exist between what the federal record shows and what a state actually holds.

Local: County and municipal law enforcement agencies maintain their own arrest records. These are shared with state systems, though processes and timelines differ by jurisdiction.

Because of this decentralized structure, the FBI Identity History Summary is considered the primary federal record, but in some cases it may not reflect every detail held at the state or local level. For that reason, certain immigration or regulatory authorities may request both a federal clearance and additional state-level clearances, depending on the applicant’s history and place of residence.

What is the Role of the CJIS Division?

The Criminal Justice Information Services (CJIS) Division is the FBI unit responsible for managing the systems behind U.S. criminal record checks. Established in 1992, it collects, maintains, and shares criminal justice information with law enforcement agencies, courts, and through the Identity History Summary program, individuals requesting their own records.

Several CJIS systems play a role in the background check process:

Next Generation Identification (NGI): The FBI’s primary biometric database, containing fingerprint records along with other identifiers such as palm prints and facial recognition data. All fingerprint-based background checks are processed through NGI.

Interstate Identification Index (III): A system that links federal and state criminal history records, allowing authorized agencies to locate records across multiple states through a single query.

National Crime Information Center (NCIC): A separate nationwide database used by law enforcement for real-time information on wanted persons, missing persons, and stolen property. It is not part of the public background check process and is not accessible to individuals.

Integrated Automated Fingerprint Identification System (IAFIS): The fingerprint system that has now been fully incorporated into NGI, which handles fingerprint matching and identity verification.

What Records Are Included in the FBI Background Check and What Are Not

A common misconception is that the FBI Identity History Summary captures every interaction a person has had with law enforcement. It does not. The report reflects only the information that has been submitted to the FBI by participating agencies.

Typically included:

  • Felony and misdemeanor arrests where fingerprints were taken and reported.
  • Federal criminal records
  • State-level convictions reported to the FBI.
  • Disposition information where available (e.g., conviction, dismissal, acquittal, sentencing)

Typically not included:

  • Arrests where fingerprints were not taken.
  • Most juvenile records (restricted or sealed, depending on jurisdiction).
  • Expunged or sealed records in many cases.
  • Civil matters, minor traffic infractions, or non-criminal records.
  • Records that have not yet been reported or fully updated in the federal system.

A “No Record” result does not mean a person has no criminal history anywhere in the United States but it means no record was found in the FBI’s database at the time of the search. For certain immigration or regulatory purposes, authorities may also request state-level clearances to supplement the federal record.

FBI Criminal Record Check vs. State Criminal Record Check vs. Local Criminal Record Check - Key Differences

Type of ClearanceIssued ByCoverageBest For
FBI Identity History Summary (Federal)Federal Bureau of Investigation (CJIS Division)National-level (based on records reported by federal, state, and local agencies)International visa applications, immigration, foreign employment, intercountry adoption
State Criminal Record CheckState Police, Department of Justice, or State Bureau of Investigation (varies by state)That specific state onlyState-specific requirements, professional licensing, or when individual state clearances are requested
Local / County Criminal Record CheckCounty Sheriff’s Office or Local Police DepartmentThat specific county or cityRarely required for international purposes; used for local legal or administrative matters
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