How Far Back Does A Background Check Go?
Contents
Background checks generally include seven years of criminal and court records, but federal and state employment laws may limit or extend this timeframe. Understanding the factors that influence background check lookback windows helps you better understand what to expect from the process.
Starting running business background checks
Order personal background checks here >
A background check may review information about a person’s education level, work experience, criminal history, credit usage, driving record, and more. Employers often conduct background checks as a part of the employment screening process to learn more about candidates and confirm information from their resumes and applications.
For employers, background checks reduce the risk of hiring individuals who lack the necessary qualifications or eligibility to carry out their assigned duties. As a result, background checks support workplace safety and can improve employee morale, productivity, and company reputation.
Individuals may also choose to order background checks for themselves. Ordering a personal background check provides a preview of what potential employers may see and offers a chance to anticipate questions or address any inaccuracies.
Employers have many options when conducting background checks. Depending on your industry and position being filled, you may run a criminal history check, employment verification check, driving record check, and more. The lookback period for each type of screening can vary, making it crucial to understand the factors that affect these timelines. Here’s everything you need to know about how far back background checks go.
How far back does a background check go?
The length of a background check’s lookback period varies, but employment background checks often go back seven years. However, the timeframe may differ depending on the type of search conducted. For example, when performing a criminal background check, convictions may be reported by a background check company indefinitely or may be restricted to seven years, depending on where the candidate is located. For employment history, you can often verify information over the candidate’s lifetime, though many organizations limit the search to a certain number of employers or a number of years.
In this table, you’ll find more information about how far back background checks go:
| Type of check | Length of time |
|---|---|
| Pre-employment background checks | Pre-employment background checks commonly used by employers typically cover seven years of criminal records, but can go back further depending on federal and state laws and what type of search is requested. |
| Bankruptcy checks | Bankruptcies can go back as far as ten years. |
| Credit history checks | Employment credit checks go back a minimum of seven years. More history may be available depending on the candidate’s expected salary and specific state laws. Some state laws may further restrict the specific kinds of credit data that can be reported and for how long. |
| Criminal background checks | Convictions may be reported indefinitely, or restricted to seven years, depending on the state where the candidate lives or works. |
| Driving record checks | Most driving records go back between three to ten years, depending on the state. |
| Educational history | May be verified throughout their lifetime, although it may be limited to a specific number of institutions. |
| Employment history | May be verified throughout their lifetime, although it may be limited to a specific number of employers or years of history. |
| Professional license verification | May be verified throughout their lifetime, although it may be limited to a specific number of licenses. |
What's included in a background check?
What’s included in a background check depends on the type and scope set by the individual or organization ordering it. Here’s what you can expect to find in employment and individual background checks.
Employment background checks
Employment background checks vary based on the position’s requirements, industry regulations, company policies, and legal guidelines. In many cases, employers include a criminal background check as part of the background screening process.
Credit history checks are common for finance-related positions, while driving record checks are typical for jobs that require driving. Employment and education verifications may be performed when positions require specific knowledge, skills, and experience. Federal, state, and local laws may also require background checks for positions in regulated industries, such as education, healthcare, and commercial transportation.
Personal background checks
A personal background check is a background check on yourself. With Checkr, personal background checks may include:
- Social Security number (SSN) trace searches databases, like lending institutions, utilities, schools, and credit card companies, to provide basic information about a Social Security number such as associated names and addresses.
- Sex offender registry searches registries from all 50 states, Washington DC, and US territories. The results may include the offender’s date of registration and current status.
- Global watchlist search searches multiple domestic and international government and regulatory databases for individuals who are prohibited from certain industries or included on "most wanted" criminal lists.
- National criminal search searches nationwide databases to identify potential records for further exploration. These records may include felony and misdemeanor convictions, pending cases, and other interactions with law enforcement that did not result in a conviction.
Depending on the package you select, it may also include a federal, state, or county criminal search.
If any of the above searches included in a personal background check yields inaccurate information, you can take steps to dispute the information before applying for jobs. To find out what employers may see when they perform background screenings, order your personal background check today.
Starting running business background checks
Order personal background checks here >
Legal considerations for background checks
When determining how far back background checks can go, there are legal factors to keep in mind. Federal laws establish a general lookback period for certain types of background information, while state laws can extend or shorten the lookback window for different checks. Here’s an overview of the laws and regulations that impact background check lookback periods.
Fair Credit Reporting Act
The federal Fair Credit Reporting Act (FCRA) is designed to protect individuals’ private information, such as bill payment history, current debts, past loans, criminal records, and employment history. Under the FCRA, employers are restricted as to how far back specific background checks can go in a candidate’s or employee’s history. The FCRA prohibits consumer reporting agencies (CRAs), which include third-party background check providers and the national credit bureaus, from reporting the following information in a consumer report or background check:
Bankruptcies older than ten years from the date of the report
Civil suits, civil judgments, and records of arrest older than seven years from the date of the report
Paid tax liens older than seven years from the date of the report
Collections accounts (unpaid bills turned over to collections agencies) older than 7 years from the date of the report
Other adverse information (aside from criminal convictions) that is older than 7 years from the date of the report
Selecting a background check that is FCRA-compliant helps to ensure that the check has been conducted and collected correctly and provides legally reportable results with regard to the lookback period. Employers are still responsible for ensuring how they order and use background checks is legally compliant and may need to consult with the appropriate counsel, such as their legal team, to determine their compliance requirements.
State laws
Some states have enacted laws limiting the lookback period of criminal history checks. For example, California restricts reporting of convictions to seven years and prohibits non-convictions, such as full pardons, arrests not leading to conviction, and other dismissed records, from being reported entirely.
New York restricts the reporting of convictions to seven years unless the candidate’s expected annual salary is $25,000 or more. Pending arrests and charges may be reported, but non-convictions cannot. I
Massachusetts criminal felony convictions are also limited to a seven-year lookback period, while certain misdemeanor convictions have a three-year reporting limit.
Ban the Box laws
Additionally, over 180 states and local jurisdictions have adopted Ban the Box laws which require employers to consider a candidate’s qualifications first or prohibit employers from asking about certain criminal information on a job application. These policies aim to provide applicants with a more fair chance at employment by removing questions regarding criminal history or convictions from job applications or delaying background checks until later in the application process.
Complying with federal, state, and local background check laws is critical for employers, and failure to do so can result in penalties. Consult your legal counsel to determine what laws and regulations are in place in your area.
EEOC guidance
The Equal Employment Opportunity Commission (EEOC) is a federal agency that enforces Title VII of the Civil Rights Act of 1964, which forbids employment discrimination based on race, sex, color, religion, or national origin. To avoid unintentional discrimination, the EEOC recommends employers conduct the “nature-time-nature” test which considers the nature of the criminal offense, how long ago it occurred, and whether it’s relevant to the position in question. You may want to conduct an individualized assessment, allowing the candidate to provide more information and context around the offense.
Frequently asked questions
Gain a clearer understanding of background check lookback periods by exploring the answers to these frequently asked questions.
How far back does a federal background check go?
Federal background checks generally cover a seven-year lookback period for non-conviction information which includes arrests, civil judgments, tax liens, and most credit report information. Bankruptcies may be reported for up to ten years and criminal convictions may be reported indefinitely. If a candidate’s expected salary is $75,000 or higher or if searches are conducted by the employer themselves, these limitations may not apply.
How far back does a fingerprint background check go?
The lookback period for a fingerprint background check varies based on the employer’s requirements and federal, state, and local laws. This type of check uses a candidate’s fingerprints and other personal information to search information from the FBI's National Crime Information Center (NCIC) database, which includes a history of arrests and convictions, as well as any contact with law enforcement
Fingerprint background checks can generally reveal criminal convictions across a person’s entire life unless prohibited by state law. While criminal records may be fully accessible, other information obtained through a fingerprint check performed by a CRA may be limited to a seven-year lookback period. However, in some regulated industries, such as education, federal and state laws may permit employers access to all records returned by a fingerprint database search.
How far back does a bankruptcy background check go?
A bankruptcy background check usually goes back ten years from the date the bankruptcy was filed, unless state or local laws shorten the lookback period.
How far back does a criminal background check go?
Most criminal background checks go back at least seven years. Federal laws place no limit on the lookback period for criminal convictions, but some state laws impose restrictions. The federal lookback limit for other types of criminal records, such as arrests that didn’t lead to a conviction, is generally seven years.
How far back does a CPS background check go?
A Child Protective Services (CPS) background check lookback period varies based on state laws. A CPS background check reviews state and local records to determine whether an individual is eligible for clearance to work with children. States may not limit or restrict the lookback period to a specific window.
How far back does a security guard background check go?
A security guard background check depends on geographic location and the types of background screenings performed. A criminal background check for security guard positions usually goes back at least seven years, while a professional license verification in areas where security guards must be licensed may look back across a candidate’s entire life. Driving records checks for security guards may go back three to ten, depending on the state’s laws, regulations, and policies.
Order a background check with Checkr
The lookback period for background screenings depends on several factors, including federal and state regulations, the scope of a search, and more. To navigate these complexities and maintain compliance, partnering with a trusted background check provider, like Checkr, can be beneficial. Checkr offers a range of background screening packages for employers of all sizes. Our modern platform automatically filters out information that is not legally reportable, while our built-in compliance tools help you hire faster with reduced risk. Get started with Checkr today.
Starting running business background checks
Order personal background checks here >
About the author
Hayley Harrison writes about a wide range of business topics and best practices, including background checks, candidate experience, and recruitment and retention. Her work includes educational articles, e-books, and blog posts.
Disclaimer
The resources provided here are for educational purposes only and do not constitute legal advice. We advise you to consult your own counsel if you have legal questions related to your specific practices and compliance with applicable laws.
