Will a Bench Warrant for an Misdemeanor Appear in a NCIC Background Check?

When it comes to background checks, especially for employment, renting, or other formal considerations, the presence of a bench warrant for a misdemeanor offense can greatly impact the outcome. This article aims to clarify whether such a warrant will appear in a NCIC background check and what other factors to consider.

Understanding NCIC and Warrants

National Crime Information Center (NCIC) is a database that houses information about criminal justice records, including warrants. This database is accessible to law enforcement agencies across the United States. However, the question of whether a particular warrant will appear in NCIC depends on the nature and specifics of the offense.

Will a Bench Warrant Show Up in NCIC?

Typically, if you clear up a bench warrant, it should not appear in a NCIC background check. However, the underlying offense itself is a more significant concern. While NCIC primarily focuses on warrants that require interstate extradition (across state lines), a good background check may go beyond this limitation.

Understanding the NCIC System

Much of the time, when your identity is checked, it is run through both national and state systems simultaneously. For Florida, for example, it would be checked through both NCIC and FCIC (Florida Crime Information Center). NCIC stands for National, while FICIC stands for Florida Crime Information Center.

The National Crime Information Center (NCIC) is a comprehensive database containing information about criminal justice records, including active warrants. It consists of multiple subsystems, one of which is the Interstate Identification Index (III), which can capture records that are relevant for different jurisdictions.

Key Factors in a Comprehensive Background Check

While NCIC is a critical component of a background check, it is not the only one. A thorough background check often includes:

Checks with local and state courts in areas where the person has lived or worked. Inspection of arrest records in local jurisdictions. Review of III records, which can include warrants relevant for different jurisdictions.

For a Failure to Appear (FTA) warrant, even if the underlying misdemeanor is minor, it might still be recorded in the III. The III is another database within NCIC that captures relevant records, even if they do not require interstate extradition.

Examples and Scenarios

Imagine you received a bench warrant for a minor misdemeanor, such as a traffic violation. If you clear up the warrant, it should not appear in NCIC. However, if there was an arrest for the FTA, the arrest record would be listed in the III, which is part of NCIC.

For instance, if you were arrested for a minor offense and failed to appear, the arrest record would be in the III, making it visible in a comprehensive background check. This underscores the importance of addressing all warrants and other legal issues promptly to minimize potential complications in background checks.

Conclusion

In summary, a bench warrant for a misdemeanor may not appear in a NCIC background check if it is cleared, but the underlying offense and any associated arrests could still impact the results. For a comprehensive and accurate background check, it's crucial to consider all records, both in NCIC and other relevant databases, as well as efforts to address any outstanding legal issues.

Employers, landlords, and other parties conducting background checks should be aware that a thorough investigation often involves checking multiple databases and considering all relevant factors.

Additional Resources

For more detailed information, refer to the following resources:

National Crime Information Center (NCIC) Florida Crime Information Center (FCIC)

By staying informed, individuals and organizations can better understand the complexities involved in background checks and take proactive steps to ensure compliance and accuracy.