How Far Back Does Federal Background Check Go

Questions and Answers, how far back do background checks go

How Far Back Does a Groundwork Check Become? (2022 update)

How far back do background checks go? Surprisingly to some, nothing in federal police restricts how far back an employer can await. The Fair Credit Reporting Act (FCRA) also does non cover criminal records. The length of the "lookback menstruation" is a mutual concern among employers and job seekers regarding pre-employment vetting. The true answer varies depending on the type of background check and the location of the parties in question.

Some types of investigations have more extended lookback periods than others. Local ban-the-box laws can also affect businesses and candidates. Read on to learn about the many types of checks and how far back they may go.

Types of Checks and Their Lookback Catamenia

The type of records in question is the chief variable impacting lookback periods. Because land laws can vary substantially, employers should always consult with an attorney or review relevant local legislation before beginning whatsoever vetting. Background data providers, including backgroundchecks.com, too strive to go along track of these laws and their changes and may be able to help employers in designing compliant policies for specific locales.

Hither is an overview of mutual length restrictions regarding the different kinds of groundwork checks:

Pre-employment groundwork checks

Seven years is the most mutual lookback menses for employment-related criminal checks beyond jurisdictions. Some states allow employers to look back an unabridged decade, while others don't take whatsoever time limitations. However, these laws can take subtle variations. For example, the lookback period may change based on whether an individual has only been bedevilled and sentenced or has already completed their jail term.

Level ii check

The term "Level 2 check" does non accept a unanimous definition. Some study providers utilise terms such as "Level one" and "Level 2" to delineate between tiers of investigation service packages.

Florida separates investigations into Level 1 and Level 2 categories, though information technology is the just state to do so as a matter of police. In Florida, a Level 1 investigation is a less in-depth cheque. These reports tin include a Florida-only proper name-based criminal search, an employment history verification screening, boosted local canton criminal searches, or sexual practice offender registry checks.

A Level 2 assessment is more in-depth, incorporating fingerprint-based searches of Florida Department of Constabulary Enforcement records and national FBI databases, along with more localized crime record searches with county courthouses or police force enforcement agencies.

So how far dorsum does a background check go in Florida at Level 2? Florida has no laws that limit how far dorsum an employer tin can expect into a candidate'southward past regarding criminal convictions. All the same, the state does abide by national laws, including the FCRA. The FCRA'southward "7-year rule" mandates that arrests not exist reported for more than seven years on any background cheque. Florida follows these rules even for Level two background checks.

Credit bank check

Employment-related credit history checks can also typically go dorsum vii years, though land laws sometimes allow a 10-twelvemonth lookback catamenia. Decade-long lookbacks are most often associated with jobs with very loftier salaries or a slate of high-level task responsibilities involving the management or treatment of finances.

In recent years, there has been pushback about the relevance of credit history to virtually jobs. That pushback has led to a vigorous legislative motility that has resulted in the banning or brake of the utilise of pre-employment credit history checks in several states and localities.

As of 2022, 11 states (California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Nevada, Oregon, Vermont, Washington) and the District of Columbia have laws restricting employment-related credit bank check use. Several major jurisdictions—including Chicago, New York City, and Philadelphia—have passed similar laws.

Employers in these areas should review all compliance requirements before using credit history screenings as part of their employment procedure.

Driving record check

The lookback menstruum for driving record checks varies more than dramatically than virtually other investigations. Depending on the state, driving records can wait back ten years or as little every bit three years.

Misdemeanors and minor infractions

The severity of a crime can impact the lookback period in some jurisdictions. In some states, employers tin can admission felony convictions for an indefinite period. Other states restrict this information to the 7-yr or ten-twelvemonth lookback periods. Reporting times for misdemeanors may vary based on state and local laws.

Verification checks

Verification checks (including educational credentials, employment history, and professional licenses) are non restricted past lookback periods.How far does a background check go when it'due south meant to aid an employer verify a degree? Functionally, these checks tin span a candidate's entire lifetime.

Rules & restrictions

And so far, we've explored the general rules that apply to background screening lookback periods. Withal, for true compliance, employers need to be enlightened of specific rules and regulations that may apply to them.

Typically, these regulations fall into two categories: FCRA requirements, which employ to all employers nationwide, and state regulations, which vary significantly from 1 part of the country to the next.

Fair Credit Reporting Human activity (FCRA) regulations

The FCRA limits the adverse data that a reporting visitor or credit bureau tin report to an employer. Under the FCRA, background screening companies cannot include bankruptcy cases if the reports are older than ten years. Despite these decade-long lookback periods, the FCRA'due south most well-known length limitation on checks is the seven-year lookback rule.

The seven-year look dorsum rule

Per the FCRA, background checks are prohibited from including many items of adverse information if they are older than 7 years. These items include paid tax liens, accounts in collections, civil suits or related judgments, and specially arrest records. Therefore, the nearly common lookback menstruum beyond the country is 7 years. Because the FCRA is a federal law, all employers must follow this rule.

Criminal history and the FCRA

While information technology does comprehend arrests, the FCRA does not have any rules restricting how long criminal convictions tin announced on a groundwork check. Based on the FCRA lone, misdemeanors and felonies can be reported on criminal groundwork checks as long as they remain on an private's tape.

State regulations

While the FCRA does not limit how far into the past employers tin can look into their candidates' criminal histories, this constabulary is not the only relevant regulation.

Many states take their own laws near how long agin information tin appear on reports. These laws frequently prohibit criminal check companies from reporting any criminal information (including convictions) that are more than than seven years old at the time of the check.

Keep in mind that these states currently have laws restricting the lookback periods for criminal checks:

State	LOOKBACK RESTRICTIONS
California	Criminal convictions can simply be reported for 7 years
Hawaii	Felony convictions can only exist reported for seven years; misdemeanor convictions tin merely be reported for 5 years
Kansas	Employers cannot consider any criminal history more than vii years old unless the annual bacon of the job in question will exist $twenty,000 or over
Maryland	Employers cannot consider any criminal history more than seven years old unless the annual salary of the job in question will be $20,000 or over
Massachusetts	Criminal convictions can only exist reported for vii years
Montana	Criminal convictions can but be reported for seven years
New Hampshire	Employers cannot consider whatever criminal history more vii years erstwhile unless the annual bacon of the job in question will be $20,000 or over
New Mexico	Criminal convictions can simply exist reported for seven years
New York	Employers cannot consider any criminal history more than seven years old unless the annual bacon of the job in question will be $75,000 or over
Texas	Employers cannot consider any criminal history more than seven years erstwhile unless the almanac salary of the task in question will be $twenty,000 or over
Washington	Employers cannot consider any criminal history more than than seven years sometime unless the almanac salary of the job in question volition be $xx,000 or over

Even if employers tin can await back equally far as they desire into a candidate's criminal history, older convictions may non always weigh as heavily as more contempo crimes. The Equal Employment Opportunity Commission encourages employers to consider the length of time since a confidence as part of their procedures.

Employers should also be enlightened that their state's history restrictions may not be limited to time. For case, many states have laws prohibiting employers from considering not-conviction arrests. An arrest without a conviction is non an indicator of guilt and should not be used as a disqualifying factor.

X states (Arizona, California, Hawaii, Maine, Massachusetts, Michigan, Montana, New York, Pennsylvania, and Wisconsin) ban employers from considering whatever abort records. 5 others (Georgia, Maryland, New Jersey, Washington, and Texas) restrict employers from using arrest records for employment decisions in certain situations, such as if the candidate was arrested but is a first-time offender (Georgia).

Read our white paper about employment criminal checks and arrest recordsfor a more detailed overview of these laws and to understand legislative restrictions on how far background checks go.

Michael Klazema

About Michael Klazema The author

Michael Klazema is Chief Marketing Technologist at EY-VODW.com and has over two decades of experience in digital consulting, online product management, and engineering innovation. He is the lead author and editor for Dallas-based backgroundchecks.com with a focus on man resource and employment screening developments.