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Employment Screening Glossary of Terms

Plain-language definitions for every term on a criminal background check report — built for HR teams, employers, and job applicants navigating the screening process.
  • 70+ Defined Terms
  • FCRA-Aligned
  • Updated 2026
  • For Employers & Applicants

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This glossary serves:

  • Employers & HR Teams — understand what records mean for hiring decisions
  • Applicants & Candidates — understand your report and your rights
  • Employers & HR Teams — understand what records mean for hiring decisions
  • Applicants & Candidates — understand your report and your rights

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A

5 terms

A formal judgment by a judge or jury that a defendant is not guilty of the criminal charges brought against them. An acquittal means the prosecution did not prove its case beyond a reasonable doubt.
  • For Employers: An acquittal is not a conviction. Under FCRA best practices and EEOC guidance, an acquittal should generally not be used as the basis for an adverse hiring decision.
  • For Applicants: If a charge on your report resulted in acquittal, you were found not guilty. This record may still appear but cannot legally be treated as a conviction by most employers.
The legal process by which a court reaches a final decision in a criminal case. “Adjudicated guilty” means a conviction was entered. “Adjudication withheld” means the court found guilt but chose not to formally enter a conviction — often used in diversion programs.
  • For Employers: "Adjudication withheld" does not always mean a conviction. Consult your ECS compliance specialist when you encounter this disposition type.
  • For Applicants: If your record shows "adjudication withheld," you may have successfully completed a diversion program. These records have complex reportability rules that vary by state.
Any employment decision that negatively impacts a job applicant or employee based wholly or partially on information in a background check report. Adverse actions include denial of employment, termination, demotion, reassignment, or failure to promote.
  • For Employers: Under the FCRA, a two-step process is required: (1) Send a Pre-Adverse Action notice with a copy of the report and Summary of Rights, then (2) allow a reasonable waiting period (minimum 5 business days), then (3) send the final Adverse Action notice. Non-compliance can result in significant FCRA liability.
  • For Applicants: If an employer plans to deny you a job based on your background check, they must notify you in advance and give you a chance to dispute errors. You are also entitled to a free copy of your report.
The initial court appearance after charges are filed, at which the defendant is formally informed of the charges and asked to enter a plea (guilty, not guilty, or no contest). The arraignment typically follows arrest and booking.
  • For Applicants: An arraignment means charges were filed — it is not a conviction. Background checks may show open charges at the arraignment stage if no final disposition has been entered yet.
A record of an individual’s arrest by law enforcement, which may or may not have resulted in charges, prosecution, or conviction. An arrest record does not indicate guilt.
  • For Employers: Under the FCRA, arrests that did not result in conviction generally cannot be reported after 7 years for positions paying under $75,000/year. The EEOC strongly advises against blanket exclusions based on arrest records alone. Always assess arrests using the Green Factors.
  • For Applicants: An arrest without a conviction cannot be held against you in most situations. Many states have additional protections prohibiting employers from asking about arrests that did not lead to convictions.

B

3 terms

A legislative movement and set of laws that prohibit employers from asking about criminal history on initial job applications. These laws delay criminal background inquiries to later in the hiring process.
  • For Employers: Over 35 states and 150+ cities and counties have enacted Ban the Box laws. Some apply only to public employers; others cover private employers too. Always verify local requirements before designing your application and screening process.
A warrant issued directly by a judge authorizing the arrest of an individual. Bench warrants are typically issued when a person fails to appear in court, violates probation, or fails to comply with a court order.
  • For Employers: Active bench warrants may appear in National Wants & Warrants searches and indicate unresolved legal matters relevant to security-sensitive roles.
The administrative process following an arrest during which law enforcement records the suspect’s personal information, takes fingerprints and photographs (mugshots), and enters the arrest into the official record. Booking does not indicate guilt.

C

7 terms

A court order or writ commanding law enforcement to arrest and bring a named individual before the court. Similar to a bench warrant, a capias is typically issued when a defendant fails to appear or comply with court orders.
A formal accusation by a government authority alleging that a person has committed a specific crime. A charge is the formal beginning of a criminal case and may result in various dispositions including conviction, acquittal, or dismissal.
  • For Applicants: A charge is an allegation — not a conviction. Background checks should always list the disposition of each charge. If only the charge is listed without a disposition, this may indicate incomplete reporting.
A formal legal judgment that a defendant is guilty of a criminal offense, either through a guilty verdict by a judge or jury, or through a guilty plea entered by the defendant. A conviction is the most significant reportable outcome of a criminal case.
  • For Employers: Under EEOC guidance, a conviction alone should not automatically disqualify a candidate. Employers should assess the nature of the crime, time elapsed, and nature of the job (the Green Factors) before making an adverse action decision.
  • For Applicants: A conviction may remain on your background check for 7 years for jobs paying under $75,000/year under the FCRA. Some states offer shorter lookback periods.
Under the FCRA, any written, oral, or other communication of information by a consumer reporting agency (CRA) that is used to determine a person’s eligibility for employment, credit, housing, or other purposes. Background check reports are consumer reports and fully subject to FCRA protections.
A company that assembles or evaluates consumer credit or background information to furnish consumer reports to third parties. Background screening companies such as Employers Choice Screening are CRAs under the FCRA and must comply with all applicable requirements.
A search of criminal records at the county court level — the most granular and often most accurate source of criminal record information. County searches access actual court records directly and typically provide the most complete and current disposition information.
  • For Employers: County searches are the backbone of a thorough criminal background check. ECS recommends county searches in all counties where a candidate has lived, worked, or attended school in the past 7 years.
A postponement or delay of a scheduled court hearing or trial to a later date. Cases with continuances appear as “open” or “pending” on background checks until a final disposition is entered.

D

5 terms

A form of plea deal in which the defendant pleads guilty or no contest, but the judge defers entering a formal conviction. If the defendant successfully completes probation or other conditions, the case is dismissed without a formal conviction on record.
  • For Employers: Deferred adjudication outcomes vary significantly by state — some are reportable, others treated as non-convictions. Consult your ECS compliance specialist when you encounter this disposition.
  • For Applicants: If you completed deferred adjudication successfully, you may have grounds to have the record sealed or expunged in many states. Consult a local attorney.
A court order that terminates criminal proceedings against a defendant without a conviction. A case may be dismissed for lack of evidence, procedural errors, prosecutorial discretion, or completion of a diversion program. A dismissal is not a conviction.
  • For Employers: Dismissed charges are generally not reportable after 7 years for jobs under $75,000/year under FCRA. EEOC guidance advises caution when using dismissed charges in hiring decisions.
  • For Applicants: A dismissal means the case was dropped — you were not convicted. In many states, dismissed charges can be expunged from your record.
The final outcome or resolution of a criminal case or charge. The disposition is the most important field on a background check report. Common dispositions include: Convicted/Guilty, Acquitted/Not Guilty, Dismissed, Nolle Prosequi, Deferred, Pending, Probation, and Sentence Served.
  • For Employers: Always look for the disposition — a charge without a disposition is incomplete reporting. Never make an employment decision based solely on charges without knowing the final outcome. Contact ECS if a report returns charges without corresponding dispositions.
  • For Applicants: The disposition is what matters most on your report. If it shows an incorrect disposition, you have the right to dispute this information.
An alternative to traditional criminal prosecution in which an offender completes certain conditions (such as community service, counseling, or restitution) in exchange for having charges reduced or dismissed. Commonly used for first-time and non-violent offenders.
  • For Applicants: Successful completion of a diversion program often results in a dismissed charge and may be eligible for expungement. Records of the diversion itself may or may not appear on a background check depending on the jurisdiction.
A docket is the official record of all proceedings in a court case. A docket number (also called a case number) is the unique identifier assigned to each case by the court. Background check reports often include docket numbers so the original court record can be referenced and verified.

E

3 terms

The federal agency responsible for enforcing federal laws that prohibit employment discrimination. The EEOC has issued guidance that governs how employers may use criminal history in employment decisions to avoid disparate impact discrimination.
  • For Employers: EEOC guidance requires employers to conduct an individualized assessment before making adverse hiring decisions based on criminal records. Blanket exclusion policies (e.g., "no felons") may expose employers to discrimination claims.
A court-ordered process by which a criminal record is legally destroyed, erased, or sealed, rendering it inaccessible through standard public record searches. Requirements and eligibility vary significantly by state. An expunged record is not reportable on a background check.
  • For Employers: FCRA-accredited CRAs like ECS are trained to exclude expunged records from reports. If a candidate discloses an expunged record, you may not legally require disclosure in most states.
  • For Applicants: If your record has been expunged, you can legally answer "No" when asked about prior convictions on most job applications. Verify your specific state's rules.
A more comprehensive background screening package that includes multiple search types beyond a basic criminal check — typically combining national database searches, county criminal searches, sex offender registry, federal criminal, and sometimes fingerprinting or international checks.

F

5 terms

The primary federal law (15 U.S.C. § 1681 et seq.) governing the collection, use, and disclosure of consumer information including background check reports. The FCRA establishes obligations for employers, consumer reporting agencies (CRAs), and rights for consumers (applicants/employees).
  • For Employers: Key FCRA obligations include: obtaining written authorization before ordering a report, providing pre-adverse and adverse action notices, and disposing of reports securely. Non-compliance can result in statutory damages up to $1,000 per violation, plus punitive damages and attorney fees.
  • For Applicants: The FCRA gives you the right to know what's in your file, dispute inaccurate information, and be informed when a report is used against you. You are also entitled to one free disclosure per year.
A search of federal district court records for criminal cases prosecuted under federal law. Federal crimes include drug trafficking, mail fraud, wire fraud, tax evasion, immigration violations, and crimes crossing state lines. Federal records are separate from state/county criminal records.
  • For Employers: Federal criminal searches are an important complement to county searches. A candidate may have no county record but have a federal conviction. ECS recommends federal searches for all positions, especially those involving financial responsibility or government work.
The most serious category of criminal offense, typically punishable by imprisonment of more than one year in a state prison or federal penitentiary. Felonies include murder, robbery, rape, arson, kidnapping, drug trafficking, and grand theft. Classified in most states as Class A, B, or C in descending order of severity.
  • For Employers: The nature and class of a felony matters greatly. EEOC guidance requires individualized assessment before disqualifying based on felony history.
  • For Applicants: Felony convictions are reportable without a time limit for many positions. Some states impose additional restrictions on when and how employers may consider felony history.
A criminal background check that uses biometric fingerprint data submitted to federal (FBI) or state databases to identify criminal records linked to a specific individual. Generally the most accurate method and required for certain regulated industries.
  • For Employers: Required for healthcare workers, childcare workers, teachers, and many government positions. ECS offers Live Scan fingerprinting services.
A person who has fled from law enforcement or is avoiding prosecution or legal process. Fugitive status may appear in National Wants & Warrants searches and indicates active criminal proceedings pending against the individual.

G

2 terms

A group of citizens empaneled to review evidence and determine whether probable cause exists to formally charge a person with a crime. A grand jury indictment is the formal charging document — it is not a conviction.
The three factors from Green v. Missouri Pacific Railroad (1975) adopted by the EEOC for evaluating whether a criminal conviction is job-related: (1) the nature and gravity of the offense, (2) the time passed since the offense, and (3) the nature of the job sought.
  • For Employers: Using the Green Factors as a framework for individualized assessment is the EEOC-recommended approach to avoid disparate impact claims. Document your individualized assessment process for every adverse action based on a criminal record.

H

2 terms

In background screening terminology, a “hit” refers to a match between the candidate’s identity and a record found in a criminal database or court search. A “confirmed hit” means the record has been verified against the actual court source to confirm it belongs to the subject of the search.
  • For Employers: ECS verifies all database hits against original court sources before including them in your final report. Never make an employment decision based on an unconfirmed database hit.
A sentence or court-ordered condition in which a convicted individual is required to remain at their residence (with limited exceptions) rather than serving time in a correctional facility. Often monitored by electronic ankle monitoring.

I

3 terms

A formal written accusation charging a person with a crime, issued by a grand jury after finding probable cause. An indictment begins formal criminal proceedings and is not a conviction.
  • For Applicants: An indictment is a charge, not a conviction. If your record shows an indictment, always check whether a disposition (outcome) is also listed.
The least serious category of criminal offense, typically punishable only by a fine. Common infractions include minor traffic violations and local ordinance violations. In many jurisdictions, infractions are not considered crimes and do not result in a criminal record.
  • For Employers: Infractions generally do not appear on criminal background check reports and should not be considered in employment decisions.
The EEOC-recommended process by which employers evaluate criminal records in context before making adverse employment decisions. Instead of applying a blanket disqualification policy, employers consider the specific nature of the crime, its relationship to the job, time elapsed, and any evidence of rehabilitation.
  • For Employers: An individualized assessment should be documented in writing for each candidate where a criminal record influences a hiring decision. This protects against EEOC disparate impact claims and FCRA adverse action lawsuits.

L

2 terms

The period of time into the past that a background check is permitted to search and report criminal records. Under the FCRA, most adverse information cannot be reported beyond 7 years for positions with annual compensation below $75,000. Convictions can be reported without time limit for higher-paying roles. Many states impose shorter lookback periods.
  • For Employers: ECS automatically applies appropriate lookback periods based on position salary and applicable state law. California, New York, and Massachusetts have notable additional restrictions.
An electronic fingerprinting process that captures digital fingerprint images and transmits them electronically to law enforcement databases (such as the FBI’s NGI system) for criminal history checks. Used in regulated industries requiring fingerprint-based screening.

M

2 terms

A criminal offense less serious than a felony, typically punishable by a fine and/or imprisonment of up to one year in a local jail. Common misdemeanors include petty theft, simple assault, first-offense DUI, vandalism, and disorderly conduct.
  • For Employers: Misdemeanors should be evaluated for job-relevance, not treated as automatic disqualifiers. Apply individualized assessment principles considering the nature of the offense and its relevance to the position.
A photograph taken by law enforcement at the time of a person’s booking following arrest. Mugshots are a matter of public record in most jurisdictions, though several states have enacted laws restricting their publication. A mugshot does not indicate guilt.

N

3 terms

A compiled database aggregating criminal record data from multiple states and jurisdictions across the U.S. into a single searchable repository. Also called a “multi-state criminal search.” Coverage and completeness vary by state and data source.
  • For Employers: National database searches are a useful screening tool but are not a replacement for county-level searches. ECS uses database results to identify jurisdictions requiring county-level verification before reporting.
Latin for “will not prosecute.” A formal declaration by a prosecutor that they are abandoning or dropping the charges against a defendant. A nolle prosequi is not a conviction — it means the case was dropped by the prosecution.
  • For Employers: Nolle Prosequi is equivalent to a dismissal and should be treated as a non-conviction under EEOC guidance.
  • For Applicants: If your charge shows "Nolle Prosequi," the prosecution dropped the case — you were not convicted. This non-conviction record may be eligible for expungement.
A plea in which the defendant does not contest the criminal charges without admitting guilt. A no contest plea results in a conviction for sentencing purposes. For background check purposes, it is generally treated the same as a guilty plea.

O

5 terms

An act or omission that constitutes a violation of criminal law. Offense level refers to the seriousness of the crime as classified by statute — typically as a felony (Class A–C), misdemeanor (Class A–C), or infraction. Offense level is a key factor in determining sentencing range and reportability.
Criminal charges for which a final court disposition has not yet been entered. A case is “open” or “pending” when it is still moving through the court system. Open charges are not convictions.
  • For Employers: Under FCRA, open charges may be reportable if within the applicable lookback period. ECS flags pending charges separately on reports to distinguish them from resolved matters.
  • For Applicants: If your report shows pending charges, the case has not concluded. The final outcome will determine how the record should be reported going forward.

P

5 terms

An official act of forgiveness by a government authority (the President for federal crimes, or a Governor for state crimes) that releases an individual from legal penalties associated with a criminal conviction. A pardon does not erase the record but forgives the offense.
  • For Employers: A pardon does not automatically seal or expunge a record — the conviction may still appear on a background check. Consult your legal counsel on how to treat pardoned convictions, as they may still be reportable depending on state law.
The conditional release of a prisoner before the full completion of their prison sentence, under supervision by a parole officer with conditions that must be followed. Parole is distinct from probation (which is typically a sentence alternative to incarceration).
A plea is the defendant’s formal response to criminal charges — either guilty, not guilty, or no contest. A plea bargain is a negotiated agreement between the prosecutor and defendant in which the defendant agrees to plead guilty to a lesser charge or accept a specific sentence in exchange for the dismissal of more serious charges.
A required FCRA notice that an employer must provide to a candidate before taking adverse employment action based on a consumer report. Must include: (1) a copy of the consumer report, (2) the CFPB’s Summary of Consumer Rights, and (3) a reasonable period for the candidate to dispute inaccuracies.
  • For Employers: This is one of the most frequently missed FCRA requirements. The pre-adverse notice must be sent before a final decision is made. Failure to provide this notice is a common basis for FCRA lawsuits. ECS provides compliant notice templates to all clients.
  • For Applicants: If you receive a pre-adverse action notice, the employer is considering rejecting your application based on your background check. You have the right to dispute any errors before a final decision is made.
A court-imposed period of supervision in the community as an alternative to or following incarceration. During probation, an individual must comply with specific conditions (regular check-ins, travel restrictions, drug testing, community service) or risk revocation and potential imprisonment.

R

3 terms

Informal term for a criminal history record (Record of Arrests and Prosecutions) compiled by law enforcement that lists a person’s arrests, charges, and convictions. RAP sheets are maintained by state repositories and the FBI.
The tendency of a convicted criminal to reoffend or return to criminal behavior after being punished or treated. Research shows recidivism risk decreases significantly over time, which informs the EEOC’s emphasis on considering time elapsed since an offense when evaluating criminal history.
A reportable criminal record is one that can legally be included in a consumer background check report under FCRA and applicable state law. A non-reportable record must be excluded — such as records beyond the applicable lookback period, expunged/sealed records, or records prohibited by specific state law.
  • For Employers: ECS applies compliance filtering to every report, removing non-reportable records before delivery. You should only see records on your report that are legally permissible for your jurisdiction and position type.

S

6 terms

A court record that has been legally restricted from public access by court order. Unlike expungement, sealing makes records inaccessible to the general public but may still be accessible to certain law enforcement or licensing agencies. Sealed records should not appear on standard employment background checks.
  • For Applicants: If your record has been sealed, you may be able to legally respond "no" to criminal conviction questions on most job applications. Consult your attorney to confirm what your sealing order covers.
The formal punishment imposed by a court upon a defendant following a conviction. Sentences may include incarceration, probation, fines, community service, restitution, or a combination thereof.
A government database of individuals convicted of sex crimes who are required by law to register with authorities. The National Sex Offender Public Website (NSOPW) aggregates state registries. Registration requirements and tiers vary by state and offense.
  • For Employers: ECS includes a National Sex Offender Registry search in most standard screening packages. Critical for positions involving vulnerable populations, healthcare, education, and residential access.
A search of criminal records maintained at the state level, either through a state repository or court administrative office. Coverage, accessibility, and completeness vary significantly by state.
  • For Employers: Statewide searches complement county searches but should not replace them. ECS advises on the most effective search strategy for each state where candidates have resided.
A document prepared by the Consumer Financial Protection Bureau (CFPB) required by the FCRA to be provided to consumers when a background check report may be used against them. It outlines the consumer’s rights including the right to dispute inaccuracies and access their file.
  • For Applicants: If an employer must take adverse action based on your background check, they are legally required to give you a copy of your report AND this summary. Read it carefully — it details your dispute rights and protections.
A statute is a written law enacted by a legislative body. A statute of limitations sets the maximum time after an event within which legal proceedings may be initiated. Many serious felonies have no statute of limitations.

T

2 terms

Negligent hiring is a tort claim alleging that an employer failed to exercise reasonable care in hiring an individual who later causes harm — and that a background check would have revealed the risk. Negligent hiring liability is a primary legal reason employers conduct background checks.
  • For Employers: Documented background screening is your primary defense against negligent hiring claims. ECS provides FCRA-compliant reports and maintains audit trails that demonstrate due diligence in your hiring process.
The time required from when a background check order is submitted to when the completed report is delivered. ECS delivers most reports within 24–48 hours, though county court searches may take longer depending on court access and candidate responsiveness.

V

2 terms

The formal decision of a jury (or judge in a bench trial) on whether a defendant is guilty or not guilty of the charges brought against them. A guilty verdict leads to sentencing; a not guilty verdict results in acquittal.
A crime in which the offender uses or threatens the use of force upon a victim. FBI crime classifications define violent crimes to include murder, non-negligent manslaughter, rape, robbery, and aggravated assault.
  • For Employers: Even when evaluating violent crime history, individualized assessment remains important. The nature, recency, and relevance to the job all factor into whether disqualification is legally defensible.

W

3 terms

A legal document issued by a judge or magistrate authorizing law enforcement to perform a specified act — most commonly to arrest a person or search a location. Active warrants indicate unresolved legal matters.
A background search that checks national law enforcement databases (including the NCIC — National Crime Information Center) for individuals who are currently wanted by law enforcement, including those with active arrest warrants or fugitive status. This search is separate from a standard criminal conviction search.
  • For Employers: A National Wants & Warrants search is an important supplement to standard criminal searches, as active warrants may not yet appear in criminal conviction records. ECS offers this search as part of comprehensive screening packages.
Non-violent crimes typically committed for financial gain, often involving deception or abuse of trust. Common white collar crimes include fraud, embezzlement, money laundering, insider trading, bribery, and identity theft.
  • For Employers: White collar crime history is highly relevant for positions involving financial responsibility or access to sensitive data. Federal criminal searches often reveal white collar convictions that may not appear in county records.
Important Compliance Notice

This glossary is provided for educational purposes only and does not constitute legal advice. Background check practices are subject to federal law (FCRA, EEOC), state law, and local ordinances that vary significantly by jurisdiction and position type. Employers should consult qualified legal counsel and work with an FCRA-accredited screening provider before making employment decisions based on criminal records. If you have questions about a specific record or compliance matter, contact our compliance team.

Disclaimer

The information is for informational purposes only and should not be relied upon as legal advice.  Employers contact a  qualified employment law attorney to obtain guidance concerning any particular legal issue. No warranties are implied or made regarding any information's accuracy, adequacy, completeness, legality, reliability, or usefulness. Employers Choice Screening 2026 Copyright. All rights reserved.

Need Help Interpreting a Report?

Our FCRA-certified compliance specialists are here to help you navigate complex criminal records and make legally defensible hiring decisions.
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