If you run background checks, you're probably already familiar with criminal searches. But what about civil court records? A civil search looks at an entirely different category of legal history — and for certain roles and industries, it can reveal exactly what a criminal search will not.
Criminal vs. Civil: What's the Difference?
The distinction between criminal and civil court matters is fundamental. Criminal cases are brought by the government against an individual for violating a law — think charges like assault, theft, or fraud. Civil cases, on the other hand, are disputes between private parties: individuals, businesses, or organizations suing one another over money, contracts, property, or personal injury.
State vs. Individual
- Prosecution by government
- Penalties: fines, probation, incarceration
- Standard: beyond reasonable doubt
- Examples: assault, DUI, fraud, theft
Party vs. Party
- Filed by individuals or businesses
- Remedy: monetary damages or injunctions
- Standard: preponderance of evidence
- Examples: lawsuits, judgments, disputes
A person can have a completely clean criminal record and still have a lengthy civil history — lawsuits filed against them, judgments, liens, or restraining orders. Depending on the nature of the role you're filling, that civil record could be just as relevant as any criminal matter.
The OJ Simpson Example
In 1995, O.J. Simpson was acquitted of criminal murder charges in the deaths of Nicole Brown Simpson and Ron Goldman. The criminal standard — guilt beyond a reasonable doubt — was not met. However, in a subsequent civil trial brought by the victims' families, Simpson was found liable for their deaths and ordered to pay $33.5 million in damages. The civil standard, preponderance of evidence, requires only that something be more likely true than not. The same conduct, two entirely different legal outcomes.
This example illustrates why a criminal search alone doesn't always tell the full story. Civil records operate under a different legal threshold and can surface serious matters that never resulted in criminal conviction — or were never even charged criminally.
Who Should Consider a Civil Search?
A civil search isn't necessary for every position, but it adds real value in specific contexts. Here are some of the most common use cases:
What a Civil Search Returns
A civil search typically covers county or state civil court records and may include:
- Lawsuits filed against or by the individual
- Civil judgments and monetary awards
- Restraining orders and injunctions
- Small claims court filings
- Contract disputes and breach of agreement cases
Like criminal searches, civil searches are typically conducted at the county level where a person has lived or worked. Statewide civil repositories vary widely in coverage and completeness, so county-level searches often provide the most reliable results.
Add a Civil Search to Your Screening Package
Civil records reveal what criminal searches don't. We'll help you decide if a civil search belongs in your screening program.