Bankruptcy Background Checks: The Complete Guide
Depending on the positions you’re hiring for, a bankruptcy on a candidate’s record may provide important information. Here’s what you need to know.
Civil Court Checks
Civil Background Checks & Court Records
Civil background checks search civil court records to provide additional important information about your candidate’s background and history.
Trust & Safety
Why Civil Court Background Checks Are Key
While civil court records don’t report criminal convictions, the information revealed can help provide additional insight into a candidate’s background and history. Civil background checks are especially important for positions where employees will have financial or management responsibilities. Checking civil court records during your hiring process helps you:
- Hire qualified candidates
- Safeguard assets
- Make informed decisions
- Comply with industry regulations
- Follow company hiring policies
Results
What You’ll Learn From A Civil Court Background Check
County Civil Court Records Searches identify non-criminal lawsuits at the county or state level filed by individuals or corporations. These records show any claims, suits, judgements or offenses where the candidate is listed as a respondent.
What Lower & Upper Civil Court Records Show
Most states divide lower and upper courts based on the monetary amount of the claim. Although the amount varies by state, lower courts typically involve claims for <$5,000, and upper court cases typically involve claims for >$5,000. Examples include:
- Small claims and minor disputes
- Liens and foreclosures
- Product liability suits
- Breach of contracts
- Personal injury
- Restraining orders
- Judgements
What A Federal Civil Court Records Check Shows
Records can also be searched at the US District Court level, thereby finding any cases involving the government—including the federal government, state governments, or county and municipal governments. Examples include:
- Violation of federal regulations
- Violations of civil rights
- Interstate commerce
- Tax disputes
- Cases involving financial institutions
What A Federal Bankruptcy Records Search Shows
The federal bankruptcy court is also a civil court and is searched to learn about any bankruptcies associated with a candidate. Results may include:
- Case or file number
- Date filed
- Bankruptcy type (e.g. Chapter 11)
- Discharge date
- Names listed as petitioners
Search Options
GoodHire’s Suite Of Civil Court Background Checks
GoodHire offers a full suite of background checks and employment screening services. The following table shows important Civil Court Records Searches, the case and record types they show, and different search options.
Upper Civil Court Search
SEARCHES
Upper county court records for larger claims and other civil disputes.
CASE & RECORD TYPES
Cases typically involve higher monetary claims (> $5,000).
SEARCH OPTIONS
7 or 10 year history.*
Includes up to 3 counties.
Select additional counties.
Lower Civil Court Search
SEARCHES
Lower county court records for small claims and other minor disputes.
CASE & RECORD TYPES
Cases typically involve lower monetary claims (< $5,000).
SEARCH OPTIONS
7 or 10 year history.*
Includes up to 3 counties.
Select additional counties.
Federal Civil Court Search
SEARCHES
All 94 federal courts for violations of federal civil law.
CASE & RECORD TYPES
Cases involving all levels of the government, financial institutions.
SEARCH OPTIONS
None
Federal Bankruptcy Search
SEARCHES
All 94 federal courts for bankruptcy filings.
CASE & RECORD TYPES
Bankruptcies including Chapter 7, Chapter 11, and Chapter 13.
SEARCH OPTIONS
None
* See eligibility requirements for a 10-year search in “TYPES OF SEARCHES” module, which appears below on this page.
Resources
Learn More About Civil Court Background Checks
Compliance
What You Need To Know When Reviewing Civil Records Check Results
Employers using a Consumer Reporting Agency (CRA), like GoodHire, to run background checks to assess candidates during the hiring process have important responsibilities to ensure a fair and respectful process for the candidate, and to comply with various laws and regulations that govern employment screening. Find out how GoodHire’s built-in tools and workflows help you stay compliant.
Federal Fair Credit Reporting Act (FCRA)
You must adhere to the FCRA’s disclosure, authorization, and consent requirements. If the results of a background check prompt a decision to deny employment, the FCRA requires employers to follow specific adverse action steps.
Your Organization’s Hiring Policy
If your business is conducting background checks, your hiring and screening policies should be consistent and compliant to prevent discrimination and minimize the risk of litigation and enforcement from federal agencies.
Types of Searches
Common Types Of Civil Court Background Checks
Upper Civil Court Records Search
Civil records found in upper courts typically involve a greater monetary claim than those in lower courts. Searches upper county court records for larger claims and other civil disputes including foreclosures, liens, civil judgements, debt collections, restraining orders, and civil domestic violence.
Most employers run this search for 7 years of history. You may be eligible to increase the search scope to the past 10 years if the candidate’s salary will be $75,000+ and if the employer, candidate, and job location are not located in one of the following states: CA, NM, MA, MT.
Lower Civil Court Records Search
Searches lower county court records for small claims and other minor disputes. Civil records, such as small claims and minor disputes or offenses, found in lower courts typically involve a lower monetary claim than those in upper courts.
Most employers run this search for 7 years of history. You may be eligible to increase the search scope to the past 10 years if the candidate’s salary will be $75,000+ and if the employer, candidate, and job location are not located in one of the following states: CA, NM, MA, MT.
Federal Civil Court Records Search
Searches 94 federal courts for violations of federal civil law, including federal civil cases such as large contract disputes, tort damages, civil rights, and class action lawsuits.
Federal Bankruptcy Search
Searches 94 federal courts for bankruptcy filings adjudicated in federal bankruptcy court.
