There is no law that prevents you from performing a background check on a public figure or official. However, you are subject to the same federal and state laws that apply to a background check on average citizens. Also, the person you are performing the background check has the same rights as any other person. Typically, public officials are screened for background checks, including criminal records, and often, these check are performed by the media, or the person’s opponents. People who intend to become public officials are usually proactive and may disclose any information in their backgrounds, at least the information that is in the public records. This will circumvent any surprise disclosures about their background.

The information that is available in a background check of a public official is the same public records that are available on any other individuals. The information includes court records, driving records, criminal background, educational records, bankruptcies, vehicles registrations, property ownership and criminal records. If you happen to be hiring the public figure for some type of employment, you must comply with the Fair Credit Reporting Act (FCRA), which are the federal laws that cover the procedures for conducting background checks that apply if you hire an outside agency to conduct the investigation.

If the job pays $75,000 or more per year, or you perform the background check in-house, the FCRA does not apply. But beyond that, you should check out the consumer reporting laws in your state, which may have stronger requirements than those outlined in the FCRA.