Overview
A SmartScreen tenant criminal background check searches state and national criminal databases, the National Sex Offender Public Registry, and most-wanted databases — with credit bureau-strength record matching to cut false positives, delivered in minutes.
TL;DR: criminal screening is useful only when it is applied with written criteria, individualized assessment, consistent treatment, documentation, and proper adverse-action steps.
Compliance note: criminal history is one of the most legally sensitive parts of tenant screening. Avoid blanket bans and review any record in context.
Why Criminal Checks Matter — Used Correctly
A criminal background check helps landlords protect their property, their residents, and their community. But criminal history must not be used as a blanket filter.
Used as part of a consistent, individualized process, it can be a legitimate risk tool. Used automatically or inconsistently, it can create Fair Housing and compliance problems.
What’s Included in a SmartScreen Criminal Check
Searches included
- Multi-state criminal database search across hundreds of millions of records.
- National Sex Offender Public Registry search.
- Most-wanted databases.
- Credit bureau-strength record matching to reduce false positives and mismatched records.
How landlords use it
- Review records with consistent written criteria.
- Weigh nature, severity, and recency.
- Consider relevance to tenancy and safety.
- Document decisions and applicant context.
Coverage note: because of local laws, criminal results are not available in some jurisdictions, including Delaware, Hawaii, Kentucky, Massachusetts, New Jersey, South Dakota, Wyoming, and Cook County, Illinois.
Using Criminal Checks the Fair Housing Way
The Fair Housing Act does not prohibit considering criminal history, but its disparate-impact framework means a blanket ban on anyone with any record can be unlawful. The compliant approach is an individualized assessment.
- Set written criteria. Define what you consider, focused on offenses with a genuine bearing on tenancy.
- Assess individually. Consider specific circumstances and any evidence of rehabilitation.
- Apply consistently. Use the same process for every applicant.
- Document everything. Keep records of results and the reasons for each decision.
- Follow adverse action. If you deny based in whole or part on a report, provide the required notice.
Current-law note: criminal-record screening rules change frequently. Verify current state and local rules before setting criteria.
Why Landlords Choose SmartScreen
- Pass the cost to applicants — no out-of-pocket expense for the landlord.
- Results in minutes — most reports available instantly, 24/7.
- Accurate matching — credit bureau-grade record matching with broad database coverage.
- Built for compliance — objective criteria and adverse-action support help you apply the process the same way every time.
Criminal screening is one component, not the whole picture. Pair it with credit, eviction, income, and rental-history checks for a complete assessment.
Run a compliant criminal background check.
Multi-state criminal search, sex offender registry, and accurate record matching — with consistent criteria and adverse-action support built in.
Start Screening with SmartScreen
Frequently Asked Questions
What does a tenant criminal background check report include?
A SmartScreen criminal background report searches state and national criminal databases, the National Sex Offender Public Registry, and most-wanted databases, using credit bureau-strength record matching to reduce false positives.
How quickly are results available?
Most criminal background reports are delivered within minutes, any time of day, and can be viewed online from a computer, phone, or tablet.
How do landlords use criminal background checks without violating Fair Housing law?
Avoid blanket bans. Use consistent written criteria and conduct an individualized assessment that weighs the nature, severity, and recency of an offense against its relevance to tenancy.
Can landlords pass the screening cost to applicants?
Yes. SmartScreen lets landlords pass the screening cost directly to applicants, so there is no out-of-pocket expense to run a report.
About This Page
Prepared by the SmartScreen Advisory Team. SmartScreen is operated by ClearScreening, an FCRA-certified consumer reporting agency with 22 years of tenant screening experience.
Reviewed by: SmartScreen Fair Housing & Compliance Team, ClearScreening — FCRA-Certified Consumer Reporting Agency.
Sources & Related Resources
This page provides general information about SmartScreen’s tenant criminal background check product and does not constitute legal advice. Criminal-history screening is governed by the Fair Housing Act and by state and local laws that vary significantly and change frequently. Database coverage and availability vary by jurisdiction. Consult a licensed real estate or fair housing attorney for jurisdiction-specific guidance before establishing criminal screening criteria.
Screen criminal history with a consistent process.
Use SmartScreen criminal background checks with credit, eviction, income, and ResidentScore in one workflow.