How Long Do Most Background Checks Go Back

How far back does a background cheque get? In general, groundwork checks cover seven years of criminal and courtroom records, but some get back farther. Federal and state employment laws may also limit how far back employers tin search.

Learn how far back unlike kinds of background checks can go, including pre-employment checks, credit checks, and criminal records checks.

Employers should exist knowledgeable nigh the different types of background checks—and how far dorsum each specific type of check tin can extend—and then y'all tin can make informed decisions well-nigh who you're hiring, to confirm they're qualified for the position, and to reduce chance to other employees, volunteers, clients, or your company's reputation.

Considering different background checks tin vary in how much candidate history can be checked legally and used compliantly, information technology's important to sympathise the areas that may affect the length of history that is checked in a candidate's background.

For instance, compliance regulations in certain states and cities may impact how far back you can wait. Y'all'll as well need to know what'south included in specific background checks, such every bit employment credit checks, criminal records checks, and general pre-employment checks. Keep reading to discover out more than.

GoodHire's background check platform makes it easy to order reports and review results.

How Far Back Do Background Checks Get?

Different types of groundwork checks look for unlike results and embrace different lengths of time in a candidate's personal history. In full general, background checks typically cover vii years of criminal and courtroom records, merely can go back further depending on compliance laws and what is beingness searched.

Go on in listen that where you rent plays into the rules, regulations, and compliance for different types of checks which affect how far back into a person's history is looked at and what can be checked.

Here is a quick visual of how far dorsum each type of cheque can go:

Type of Bank check	Length of Fourth dimension
Pre-employment background checks	Pre-employment background checks are commonly used by employers when doing an cess and typically cover 7 years of criminal and court records, but can go back further depending on compliance laws and what is beingness searched
Bankruptcy checks	Bankruptcies can go back as far as 10 years
Credit history checks	Employment credit checks go back 7 years, or 10 years depending on the candidate's expected bacon and specific state laws. Some state laws may further restrict what specific kinds of credit information can be reported and for how long
Criminal felonies	Felonies may be reported indefinitely, or restricted to vii or 10 years, depending on the state where the candidate lives or works
Criminal misdemeanors and minor infractions	Misdemeanors may exist reported indefinitely, or restricted to v, 7 or x years, depending on the state where the candidate lives or works
Driving records check	Driving records may go back between 3 to 10 years, depending on the state
Educational history	May be verified throughout their lifetime
Employment history	May be verified throughout their lifetime
Professional license verification	May be verified throughout their lifetime

Regulations and Restrictions

Although HR teams have plenty of choices when information technology comes to screening tools, employers must follow federal compliance regulations and attach to local laws when using background checks to make decisions about employment.

FCRA Regulations

According to federal FCRA guidelines, there are specific guidelines effectually how far back any specific background check tin can search in an employee or candidate's history. Consumer reporting agencies (CRAs) may not report any of the following information in a consumer report, or background check:

Title 11 or bankruptcies that are older than 10 years from the date of the study
Civil suits, civil judgments, and records of arrest that are older than 7 years
Any paid tax liens older than 7 years from the date of the report
Collections that are older than vii years from the appointment of the written report
Agin information (outside of criminal convictions) that are older than seven years from the date of the study

Other Regulations (State Laws)

To complicate things, it can exist difficult to know about, understand, and proceed up-to-date nigh specific details that but employ to jurisdictions where your candidates live and work, which can additionally restrict how far dorsum you tin can check in a candidate's history.

For example, some land and local fair-hiring and ban-the-box laws limit how far back a criminal background bank check can extend. Several states too have restrictions on how employers tin can utilize employment credit checks in hiring. This data will exist covered in subsequent sections of this article.

How Far Back Do Credit Checks Go?

An employment credit check typically covers 7 years. More serious financial cases similar bankruptcies can exist reported for upward to 10 years. And if the applicant is applying for a part with a bacon of $75,000 or above, upwardly to ten years of fiscal history can be viewed on an employment credit bank check, where state law allows.

Several states, including California, Colorado, Connecticut, Hawaii, Illinois, Maryland, Nevada, Oregon, Vermont, and Washington, along with a few cities, like New York City, Washington DC, Philadelphia, and Chicago, have restrictions on how employers can use employment credit checks in hiring. GoodHire provides a detailed resource to help you lot better understand your local and state laws.

Employers, peculiarly in the fiscal services loonshit, run credit checks on applicants to flag for the potential for time to come legal or employment issues caused by fraud or embezzlement. In some jurisdictions, the use of credit history may be prohibited unless the employer or employee falls into one of these special categories:

Handle large amounts of money
Work in a managerial capacity
Have access to trade secrets
Work in a field (such as financial services) in which regulations require credit reports

The FCRA regulates credit checks and requires that the applicant or employee give written permission in gild for the requestor to obtain the credit report. Additionally, you must follow the adverse activity process if y'all determine not to hire a potential candidate based in role on the results of the credit history report. Important to note, besides, is the requirement in some states and jurisdictions to disembalm to the applicant the provision under the applicative credit history law that allows the employer to obtain and use credit history in its hiring conclusion.

How Far Dorsum Exercise Criminal Groundwork Checks Go?

Criminal convictions may exist reported indefinitely, regardless of salary level, unless country and local fair-hiring and ban-the-box laws in the state where the candidate resides restricts disclosure of convictions that are older than seven years (run into tabular array for details).

At the land and county levels, misdemeanor criminal records are typically reported for the past seven years, but tin can go back further if records are available and readily accessible (for case, if the jurisdiction'southward records are digitized) and utilise of criminal records is not restricted by local laws. Juvenile records and other court-sealed documents typically do non appear in a criminal groundwork search.

The following table gives yous an overview of land conviction records restrictions.

State Regulations Regarding Criminal Background Check Restrictions

State	Length of Fourth dimension
California	Restricted to 7 years, and fully granted pardons or arrests not leading to confidence cannot be reported
Hawaii	Restricted to 7 years for felonies, and v years for misdemeanors/infractions*
Kansas	Restricted to 7 years, unless the candidate's expected annual salary will exist equal to or greater than $20,000
Kentucky	Restricted to written report merely convictions, no time restrictions
Maryland	Restricted to vii years, unless the candidate'southward expected annual bacon will equal or greater than $20,000
Massachusetts	Restricted to 7 years
Montana	Restricted to 7 years
New Hampshire	Restricted to vii years, unless the candidate's expected annual salary volition exist equal to or greater than $20,000
New United mexican states	Restricted to 7 years, and whatever offenses which did not lead to conviction may not be reported
New York	Restricted to seven years, unless the candidate's expected annual salary will be equal to or greater than $25,000
Washington	Restricted to 7 years, unless the candidate'southward expected annual salary will equal or greater than $20,000

* [Updated nine/21/2020] Hawaii amended its ban-the-box law on September xv, 2020, to farther strengthen protections for people with criminal records.

Criminal background checks are typically used when there is a need to know about major criminal activity, like vehement or sex crimes, fraud, embezzlement, or other felony convictions. These checks volition reveal felony and misdemeanor criminal convictions, pending criminal cases, and a candidate's history of incarceration every bit an developed.

Arrests pending prosecution may likewise be reported, and arrests that did not pb to convictions may besides announced in some background checks, although GoodHire excludes them from its reports to adjust to Equal Employment Opportunity Commission (EEOC) guidelines.

What Will A Pre-Employment Groundwork Check Reveal?

Depending on your jurisdiction, the search you utilise and the position you're hiring for, employers may check a candidate's criminal and/or civil court records, driving records, and credit history, equally well as verify education or professional person licenses and verify employment history. Larn more about what shows up on a background check.

Based on state and federal laws, some time limitations may determine what can come back on an employment background bank check.

If the salary for the position you lot're hiring for is less than $75,000, some data (such as civil judgments, government sanctions and discipline on professional person licenses, for example) that's older than seven years volition non be reported on background cheque results.

Yet, if the salary for the position is $75,000 or more than, that data may announced in the results, fifty-fifty if information technology's older than seven years.

If the job role requires operating a vehicle, you may wish to check a candidate's motor vehicle records. A motor vehicle records check will study whether the candidate's commuter's license is active or not, their driving class, if they have whatsoever driving-related felony or misdemeanor convictions, or any moving violations, suspensions, or restrictions. Since DUIs are a felony conviction, they may also exist reported in a criminal background bank check, depending on your jurisdiction.

Some employers may crave employment drug testing for jobs that involve the operation of motor vehicles, chancy or frail equipment, or if the job description includes the responsibility for public safety, including customers or fellow employees. If drugs are present, the results reported in a drug test will vary depending on the type of drug screening panel that is used.

Felony charges, misdemeanor charges, any pending criminal cases, and any history of adult incarceration tin testify up on a pre-employment national criminal background check, then be prepared to follow compliance regulations and any applicable off-white-hiring and ban-the-box laws applicable to your business. Arrests pending prosecution may also show upwards on a report. And although arrests that did not lead to convictions might announced on groundwork check reports from other CRAs, GoodHire makes a point of excluding them to conform to EEOC guidelines.

How Far Back Should Employers Look?

There are some instances where you may desire to wait farther dorsum than others—like when the job position works with at-chance populations, the public, or vulnerable populations and people who are not able to care for themselves. In these circumstances, employers may look further back during a background cheque than the higher up-outlined time periods where permitted by law.

But don't forget that background checks are regulated both federally and at the country level, so be sure to follow the established regulations and laws regarding FCRA disclosure and authorization. Likewise, always follow the adverse action process if the results of a groundwork bank check prompt a decision not to hire. Failing to do so could result in hefty fines and potentially put your company at adventure for lawsuits.

Background Checks The Piece of cake Way

Consumer reporting agencies like GoodHire tin aid yous ready a background bank check programme that works for your business organisation. GoodHire is FCRA compliant and accredited by the National Association of Professional Background Screeners (NABPS). Nosotros brand background checks simple for employers and candidates past automating common compliance processes, such as candidate consent and our localized adverse action process, which includes a built-in fashion to help you follow all federal, state and local laws.

If yous're looking to start using background checks at your company, or would like to talk to our experts about how GoodHire tin help streamline and enhance your existing employment screening program, become in impact.

Illustration showing a criminal background check

Disclaimer

The resources provided here are for educational purposes only and exercise not plant legal advice. Nosotros advise you to consult your own counsel if you take legal questions related to your specific practices and compliance with applicable laws.

About the Author

As GoodHire's managing editor, Sara Korolevich produces educational resources for employers on a variety of employment screening topics, including compliance and screening best practices, and writes most GoodHire'due south company and production news. Sara'southward experience stems from 20+ years working as a B2C and B2B PR and communications professional person.