Although background checks typically conjure thoughts of criminal records, civil records can be equally important in evaluating potential risk. Civil record searches are a key component of many background checks and may reveal significant information about a person, such as financial problems, a pattern of litigiousness, or other potentially concerning behavior.
But understanding what civil records tell an investigator can be challenging. When civil litigation records are reported on a background check, how do you read and interpret them?
What Information Appears in a Civil Record?
When civil record searches identify reportable cases, they are typically presented as case abstracts, summaries of key details obtained from the court docket or index. These details include:
- Plaintiff. An individual, business, or entity that initiates a civil lawsuit by filing a formal complaint against another party. Sometimes the plaintiff is referred to as a “petitioner” because the case begins with a petition rather than a complaint.
- Defendant. An individual, business, or entity being sued by a plaintiff. If a petition was filed to initiate a case, the defendant may also be referred to as a “respondent.”
- Case type. The type of lawsuit/complaint/petition filed by the plaintiff/petitioner. Common case types include contract disputes, personal injuries, property disputes, landlord/tenant disputes, employment disputes, and debt collection.
- Jurisdiction. Where the case was filed.
- Case number. In combination with the jurisdiction, a unique identifier is assigned to each civil matter.
- File Date. The date the plaintiff initiated the civil action with the court.
- Disposition date. The date the lawsuit was decided.
- Disposition. The final outcome of the lawsuit. Common dispositions include:
- Judgment. The court’s decision resolving a lawsuit (who won the case). This can result in a monetary award, injunction, order to fulfill obligations of a contract, or other court action, depending on the nature of the lawsuit.
- Dismissed. The action brought by the plaintiff is terminated, possibly relieving the defendant of liability in the specific case. There are two types of dismissals: “with prejudice,” where the case is permanently closed and the plaintiff cannot file a new lawsuit based on the same claims, or “without prejudice,” where the matter can be reopened later.
- Pending. A case that has not yet been concluded will be noted as pending.
- Identifiers. The provided identifiers indicate the information used to link the reported case to the person for whom the background check is being conducted. In addition to the person’s name, identifiers may include addresses, employment information, personal affiliations, date of birth, driver’s license number, and/or Social Security number. Fair Credit Reporting Act (FCRA)-governed employment background checks require identifying information to report a case.
- Other. The court index may list other details about the case, such as whether the judgment has been satisfied, future court dates, or if counterclaims were filed.
What Can Civil Records Reveal About a Person?
If obtaining civil records is step one, understanding what those records mean is step two.
While some cases may be very straightforward to understand, a careful review can provide potentially important nuances to consider.
In general, being a plaintiff in a case is viewed more favorably than being a defendant. After all, being named a defendant in a civil matter indicates an allegation of wrongdoing. But this might not always be the case. For example, someone who repeatedly appears as a plaintiff in personal injury matters may be unlucky to have experienced multiple personal injuries, or perhaps they are demonstrating an ethically questionable level of litigiousness. A pattern of filing multiple cases with similar complaints might be a red flag for an employer.
The date of a case can also be significant. While it is always concerning if the subject individual is involved in a debt collection case involving a significant amount of money, it may not be as important if the case was resolved 10 years ago and the individual has not been involved in any similar litigation since. While the defendant may have experienced financial difficulties in the past from a divorce or other life upheaval, their finances may be in order today.
The disposition of the case is also worth a careful review. For example, the final judgment can offer valuable information:
- A judgment could be rendered in favor of the plaintiff or the defendant.
- There may have been multiple claims made as part of the case, and some may have resulted in judgments or dismissals.
- The actual amount of the judgment may or may not be significant.
While a dismissal may seem favorable to a defendant, it may have occurred because the defendant agreed to a settlement, which may or may not have favored the defendant. Also, cases can be dismissed for technical reasons, such as filing in the wrong court, even though the underlying reason the plaintiff brought the suit may have had strong merit. The mere fact of a case’s dismissal does not mean that the defendant was blameless.
How Investigators Interpret Civil Record Findings
Civil records can provide valuable insight into a person’s financial history, professional conduct, legal disputes, and behavioral patterns. But a civil case alone rarely tells the full story.
The context surrounding the case—including the subject’s role in the litigation, the disposition, the timing of the matter, and whether similar cases appear repeatedly—can significantly affect how the findings should be interpreted.
A single lawsuit may have little relevance. A consistent pattern of litigation, unpaid judgments, or recurring disputes may reveal a more concerning picture.
That’s why experienced investigators do more than simply retrieve court records. They analyze the details, evaluate the broader context, and help clients understand the significance of the findings. When interpreted correctly, civil records can be an important component of a thorough background investigation.
