Can fingerprints provided for a background check be used as criminal evidence?
If the background check is being done by a government agency, then yes. And if they are taking your finger prints they are probably an agency. If they somehow find that your finger prints match a crime, they can get a court order to have them pulled for evidence. However, they would have to be looking for a set of specific finger prints from a specific crime in order to match yours. They have hundreds of taken prints and they are not going to start trying to see if your finger prints match something in the evidence cache…it would be like looking for a needle in a haystack.
