In July 2020, the U.S. Supreme Court handed down a historic decision in McGirt v. Oklahoma. The case reaffirmed that much of eastern Oklahoma (over half the state) remains legally recognized as tribal land. The McGirt decision effectively restored reservation status to roughly 43–52% of Oklahoma land, allowing for the shifting of criminal jurisdiction away from local municipalities if the offender or victim is a tribal member and requests to be tried at the federal level. In short, major crimes involving members of federally recognized tribes on these lands would be handled by federal or tribal courts, rather than state courts.
At first glance, this might seem like a legal technicality with little to do with everyday hiring. The reality is that the decision fundamentally changes the jurisdiction where criminal cases are tried, adjudicated, and where criminal records are filed. A crime that was once recorded in a county court may now be in the federal court record system or tribal system.
Nearly five years later, the ruling continues to affect compliance, hiring decisions, and the way employers approach background screenings.
Five Years Later: What McGirt Means for Hiring and Compliance
McGirt wasn’t just a one-time change; it is a reminder that jurisdiction matters. In 2022, the Oklahoma v. Castro-Huerta decision further clarified that state courts have concurrent jurisdiction with federal courts over crimes committed within Indian territory against Tribal members by defendants who are not. A criminal record isn’t always where you expect it to appear. Crimes that once were included in a county or state search may now be in the federal or tribal systems.
Since the McGirt ruling, AmericanChecked’s hits on federal searches between 2020 and 2025 have doubled. Employers who rely exclusively on county searches or state databases are likely to miss cases that may now be filed in federal courts. This decision could impact more than Oklahoma – states with large portions of designated tribal land, such as Arizona, New Mexico, Montana, Wisconsin, Minnesota, Michigan, and Washington, may also be affected.
How Employers Can Build Stronger Screening Programs
The solution to the challenges presented by the McGirt ruling isn’t complicated, but it does require a shift in mindset. Rather than treating expanded screening as a special case, employers in impacted states or those screening candidates in those states should incorporate multi-jurisdictional searches into their standard packages. Taking this step removes the risk of potential blind spots in the screening process.
This means making federal criminal checks a default component of your screening packages. County and state-level searches remain important, since state crimes are still prosecuted locally, and should continue to be a core part of the screening process. Additionally, employers should take the time to review and update their screening policies regularly (ideally with their legal counsel), to ensure they are aligned with evolving jurisdictional requirements.
By incorporating these practices into standard screening workflows, employers can consistently and fairly evaluate all candidates.
Moving Forward: Screening with Confidence
One lesson is clear: background checks must evolve with the shifting legal landscape. Employers who continue to rely solely on county and state searches risk making hiring decisions based on incomplete information. The cost of those blind spots could be compliance failures, safety risks, or reputational damage.
Partnering with AmericanChecked, a leading, accredited screening provider, gives you, as an employer, more than just access to data. It provides the tools, expertise, and compliance support needed to build screening programs that locate records across federal and state jurisdictions. This not only protects your organization from risk but also gives you the confidence of making well-informed hiring decisions.
The McGirt ruling changed the game. For employers, the takeaway is straightforward, make multi-jurisdictional screening your standard practice and align with a screening company that keeps you ahead of the curve. Contact us today.