Short Answer
Overview
The phrase “Felony Including Misdemeanor Disabled” is not a legal status or a criminal designation, but rather a technical setting within background check software and reporting systems. When this status appears on a report or within a screening portal, it signifies that the specific search criteria for criminal recordsâspecifically those encompassing both high-level felonies and lower-level misdemeanorsâhave been turned off or ‘disabled’ for that particular search.
In practical terms, this means the background check provider did not search for, or is choosing not to report, criminal convictions. This may occur due to the specific package purchased by the employer, the limitations of the jurisdiction being searched, or compliance with local laws that restrict the reporting of certain types of crimes.
History / Background
The evolution of automated background screening has led to the creation of complex reporting modules. In the early days of manual record retrieval, clerks would search for any and all records available. However, with the advent of digital databases and Third-Party Background Check (TPBC) companies, the ability to toggle specific data points became necessary to manage costs and legal risks.
As labor laws and the Fair Credit Reporting Act (FCRA) evolved, companies began implementing “tiered” screening. For example, an entry-level position might only require a felony search, while a high-security position requires both felonies and misdemeanors. The “disabled” status emerged as a way for software to communicate to the end-user (the employer or HR manager) exactly which filters were applied to the search to avoid misunderstandings regarding the completeness of the report.
Importance and Impact
The impact of this setting is primarily felt by the employer and the candidate. For the employer, a “disabled” status means they are not receiving a comprehensive criminal history. If a company believes they are screening for all crimes but the system shows this feature is disabled, they may inadvertently hire individuals with criminal records that would have otherwise disqualified them.
For the candidate, this can be an advantage, as it means certain past mistakes (particularly misdemeanors) may not appear on the final report provided to the employer. However, it does not mean the records are deleted from government databases; it simply means they were not retrieved during that specific screening process.
Why It Matters
Understanding this terminology is critical for transparency in the hiring process. If a candidate sees this on their own copy of a report, they can understand why certain records are missing. Conversely, if an HR professional sees this, they must recognize that the report is limited in scope. In an era of strict compliance, knowing whether a search was “enabled” or “disabled” ensures that companies are following their own internal hiring policies and adhering to legal standards regarding the use of criminal records in employment decisions.
Common Misconceptions
It means the person’s criminal record has been disabled or expunged.
It refers to the software setting of the background check tool, not the legal status of the individual’s record.
This is a legal term used in court.
This is a technical term used by background screening vendors and software interfaces.
If this is disabled, the background check is completely void.
Other checks, such as employment verification, education history, or credit checks, may still be active and reported.
FAQ
Does this mean my record is clean?
No. It means the specific search for felonies and misdemeanors was not activated for that report; the records still exist in government databases.
Why would an employer disable this feature?
Employers may disable it to reduce costs, to comply with 'Ban the Box' laws, or because the role does not require a full criminal history check.
Can I challenge this on my report?
Since this is a setting and not a finding of fact, there is nothing to 'challenge' other than requesting a more comprehensive search if you are the employer.
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