Criminal Background Check
A criminal background check is the process by which a Public Housing Authority (PHA) or landlord reviews an applicant's criminal history to determine eligibility for the Housing Choice Voucher program. Certain felony convictions, particularly those involving drugs or crimes of violence, can result in program denial or termination under HUD regulations.
How Criminal Background Checks Work
PHAs are required to conduct criminal background checks on all applicants before issuing a voucher. The check typically includes:
- FBI fingerprint records through the National Crime Information Center (NCIC)
- State criminal history databases
- Local courthouse records
- Sex offender registry searches
- Eviction and rental history verification by landlords
HUD's regulations specify that PHAs must deny admission if any household member has been convicted of manufacturing or producing methamphetamine on the property. PHAs also have discretion to deny or terminate assistance if someone in the household has been convicted of a felony involving drugs, violent crime, or other serious offenses within a specific lookback period, typically 5 to 10 years depending on the PHA's policies.
Key Requirements and Timelines
- PHAs must complete background checks before a voucher is issued, not after
- Results typically arrive within 2 to 4 weeks, though processing times vary by jurisdiction
- Applicants have the right to dispute inaccurate information in their background report
- A prior conviction does not automatically disqualify someone; PHAs can use discretion based on the nature and age of the offense
- Landlords may conduct their own background checks on tenant applicants, which can be more restrictive than PHA requirements
Landlord Screening and Criminal History
Even if you pass the PHA background check, landlords can refuse to rent to you based on criminal history. However, they must apply screening criteria consistently and cannot discriminate based on race, national origin, or other protected classes. Some states and localities have "ban the box" laws that limit how far back landlords can look or require individualized assessment before rejecting applicants for criminal history.
Common Questions
- What if I was convicted of a felony years ago? Your PHA's policies determine the lookback period. Some consider only recent convictions, while others may review your entire record. Contact your local PHA to understand their specific standards.
- Can I appeal a denial based on my background check? Yes. You have the right to request a copy of your report, correct any errors, and request reconsideration. The PHA must provide written notice of denial that explains the reason and your appeal rights.
- Do criminal background checks affect my NSPIRE inspection rating? No. NSPIRE inspections focus on property conditions and Housing Quality Standards (HQS). Criminal background checks are a separate PHA screening process. However, certain criminal activity at the property can trigger program violations.