Why Checking Criminal Records Matters More Than Ever

Tenant screening isn’t just about filling a vacancy—it’s about protecting your property, ensuring the safety of other residents, and maintaining a peaceful community. One poor screening decision can lead to thousands in damages, legal issues, or long-term tenant disruption.

This is why checking criminal records is a critical part of the tenant screening process. However, it must be done thoughtfully and legally to avoid compliance violations or accusations of discrimination.

In this article, we’ll break down how to navigate this sensitive process and how Tenant Evaluation’s SafeCheck+ platform helps you stay compliant while making informed decisions.

What Is a Criminal Background Check?

A criminal background check in tenant screening involves reviewing a prospective tenant’s legal history to identify any red flags. Reports often include:

• Felony and misdemeanor convictions
• Arrest records (varies by state)
• Sex offender registry status
• Outstanding warrants
• Incarceration records

The depth and scope of the report can vary depending on the screening provider. Quality screening tools aggregate data from national, state, and county databases.

Felonies vs. Misdemeanors: Know the Difference

Felonies are serious crimes such as assault, robbery, or trafficking, and generally carry long-term legal consequences. Misdemeanors are lesser offenses like trespassing or disorderly conduct, often resulting in fines or short-term jail time.

Context matters. A decade-old misdemeanor may be less relevant than a recent felony. Always consider the timing, severity, and nature of the offense.

Arrests Without Convictions: A Legal Gray Area

An arrest does not equate to guilt. In many jurisdictions, it is illegal—or at least strongly discouraged—for landlords to use arrest records as a basis for denial.

Best practice: evaluate only convictions, and ensure your decision is based on documented behavior rather than unproven allegations.

Why Landlords Check Criminal Records

Ensuring the Safety of Other Tenants

Your existing residents deserve a safe living environment. Screening for violent or high-risk criminal behavior helps prevent potential conflicts, disturbances, or threats.

Protecting Property and Reducing Liability

Proper screening can reduce the risk of property damage and legal exposure. If an incident occurs and no background check was performed, you may face claims of negligence.

How to Legally Conduct a Criminal Background Check

1. Get Written Consent

Under the Fair Credit Reporting Act (FCRA), landlords must obtain written permission from the applicant before initiating a background check. Skipping this step can result in legal penalties.

2. Use an FCRA-Compliant Screening Service

Free or low-cost online background checks often provide outdated or incomplete data and may not comply with legal standards. Always choose a service that is FCRA-compliant to ensure accuracy, legality, and reliability.

Tenant Evaluation’s SafeCheck+ ensures all reports are fully compliant and legally sourced, giving you peace of mind during the decision-making process.

Fair Housing Laws and Criminal Records

The Fair Housing Act (FHA) prohibits discrimination based on protected characteristics, and the use of criminal records is increasingly scrutinized under these rules.

Avoid Blanket Bans

Rejecting all applicants with any criminal record is considered discriminatory, especially if it disproportionately impacts protected classes.

Apply Individualized Assessments

Landlords are expected to consider:

• The nature and severity of the offense
• How much time has passed since the incident
• Whether the offense poses a current risk to others or the property

This approach aligns with HUD guidelines and helps ensure fair treatment for all applicants.

How to Deny an Applicant—The Right Way

Provide an Adverse Action Notice

If a criminal record leads to a denial, you must send an adverse action notice under FCRA guidelines. This notice should:

• State the reason for the denial
• Include the name of the screening company used
• Explain how the applicant can request a copy or dispute inaccuracies

This ensures transparency and protects your business from claims of unfair treatment.

Be Consistent in Your Screening Process

Apply the same standards and evaluation criteria to every applicant. Inconsistencies increase the risk of discrimination claims and weaken your legal defense.

Introducing SafeCheck+ from Tenant Evaluation

At Tenant Evaluation, we understand how critical it is to balance safety, compliance, and fairness. Our advanced tenant screening solution, SafeCheck+, helps you do exactly that.

SafeCheck+ provides:

• Real-time access to nationwide criminal databases
• Data from verified law enforcement sources
• Automated alerts for high-risk findings
• Full compliance with FCRA and Fair Housing laws

With SafeCheck+, you get reliable information and a defensible process—backed by expert support and technology you can trust.

Ready to improve your tenant screening process? Request a SafeCheck+ demo today.

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