How Far Back Do Background Checks Go For Employment

How far back does a groundwork check go? In general, groundwork checks cover 7 years of criminal and court records, but some go back farther. Federal and state employment laws may too limit how far back employers can search.

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

Employers should exist knowledgeable most the different types of groundwork checks—and how far back each specific blazon of check can extend—so you can make informed decisions most who you're hiring, to confirm they're qualified for the position, and to reduce risk to other employees, volunteers, clients, or your company's reputation.

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

For case, compliance regulations in certain states and cities may impact how far back y'all can wait. You'll besides need to know what'due south included in specific background checks, such as employment credit checks, criminal records checks, and general pre-employment checks. Keep reading to detect out more than.

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

How Far Back Exercise Background Checks Become?

Different types of groundwork checks look for different results and cover different lengths of fourth dimension in a candidate's personal history. In general, background checks typically cover seven years of criminal and court records, but can go back farther depending on compliance laws and what is being searched.

Proceed in heed that where you hire plays into the rules, regulations, and compliance for different types of checks which affect how far dorsum into a person'south history is looked at and what tin can be checked.

Here is a quick visual of how far back each blazon of cheque tin can go:

Type of Check	Length of Fourth dimension
Pre-employment background checks	Pre-employment background checks are normally used by employers when doing an assessment and typically cover 7 years of criminal and court records, merely tin go dorsum further depending on compliance laws and what is being searched
Bankruptcy checks	Bankruptcies can go back equally far as 10 years
Credit history checks	Employment credit checks become back 7 years, or ten years depending on the candidate'south expected salary and specific state laws. Some state laws may further restrict what specific kinds of credit data can exist reported and for how long
Criminal felonies	Felonies may exist reported indefinitely, or restricted to vii or x years, depending on the state where the candidate lives or works
Criminal misdemeanors and small infractions	Misdemeanors may be reported indefinitely, or restricted to 5, 7 or x years, depending on the land where the candidate lives or works
Driving records check	Driving records may go back between 3 to x years, depending on the state
Educational history	May be verified throughout their lifetime
Employment history	May exist verified throughout their lifetime
Professional license verification	May exist verified throughout their lifetime

Regulations and Restrictions

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

FCRA Regulations

According to federal FCRA guidelines, there are specific guidelines around how far back any specific background check can search in an employee or candidate'due south history. Consumer reporting agencies (CRAs) may not report whatever of the post-obit information in a consumer written report, or groundwork cheque:

Title 11 or bankruptcies that are older than 10 years from the date of the study
Civil suits, civil judgments, and records of abort 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 date of the report
Agin information (outside of criminal convictions) that are older than vii years from the appointment of the written report

Other Regulations (State Laws)

To complicate things, information technology tin can be difficult to know nigh, empathize, and keep up-to-date about specific details that only apply to jurisdictions where your candidates live and work, which can additionally restrict how far back you tin can check in a candidate's history.

For example, some state and local fair-hiring and ban-the-box laws limit how far back a criminal background check can extend. Several states also accept restrictions on how employers can use employment credit checks in hiring. This information will exist covered in subsequent sections of this article.

How Far Back Do Credit Checks Become?

An employment credit check typically covers seven years. More serious financial cases similar bankruptcies can be reported for up to 10 years. And if the applicant is applying for a role with a bacon of $75,000 or above, up to ten years of financial history can be viewed on an employment credit cheque, where state constabulary allows.

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

Employers, especially in the financial services arena, run credit checks on applicants to flag for the potential for future 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 ane of these special categories:

Handle big amounts of money
Piece of work in a managerial chapters
Have admission 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 bidder or employee requite written permission in social club for the requestor to obtain the credit report. Additionally, you must follow the agin action process if yous decide not to hire a potential candidate based in part on the results of the credit history written report. Important to note, too, is the requirement in some states and jurisdictions to disclose to the applicant the provision under the applicable credit history constabulary that allows the employer to obtain and use credit history in its hiring conclusion.

How Far Back Do Criminal Groundwork Checks Go?

Criminal convictions may be reported indefinitely, regardless of bacon level, unless land and local off-white-hiring and ban-the-box laws in the state where the candidate resides restricts disclosure of convictions that are older than vii years (meet table for details).

At the state and county levels, misdemeanor criminal records are typically reported for the past seven years, but can become back further if records are bachelor and readily accessible (for case, if the jurisdiction'due south 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 you an overview of land conviction records restrictions.

State Regulations Regarding Criminal Background Cheque Restrictions

Country	Length of Time
California	Restricted to 7 years, and fully granted pardons or arrests not leading to conviction cannot exist reported
Hawaii	Restricted to 7 years for felonies, and 5 years for misdemeanors/infractions*
Kansas	Restricted to 7 years, unless the candidate'south expected annual bacon will be equal to or greater than $20,000
Kentucky	Restricted to study simply convictions, no time restrictions
Maryland	Restricted to 7 years, unless the candidate's expected almanac salary will equal or greater than $20,000
Massachusetts	Restricted to 7 years
Montana	Restricted to seven years
New Hampshire	Restricted to 7 years, unless the candidate's expected annual salary will be equal to or greater than $20,000
New Mexico	Restricted to 7 years, and whatsoever offenses which did not lead to conviction may not be reported
New York	Restricted to 7 years, unless the candidate's expected annual salary volition be equal to or greater than $25,000
Washington	Restricted to seven years, unless the candidate's expected almanac salary volition equal or greater than $20,000

* [Updated 9/21/2020] Hawaii amended its ban-the-box law on September 15, 2020, to further 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 violent or sex crimes, fraud, embezzlement, or other felony convictions. These checks will reveal felony and misdemeanor criminal convictions, pending criminal cases, and a candidate'southward history of incarceration as an adult.

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

What Will A Pre-Employment Background Cheque Reveal?

Depending on your jurisdiction, the search yous apply and the position you're hiring for, employers may cheque a candidate's criminal and/or civil court records, driving records, and credit history, as well as verify education or professional licenses and verify employment history. Learn more nigh what shows up on a background cheque.

Based on state and federal laws, some fourth dimension limitations may determine what tin come up back on an employment background bank check.

If the salary for the position you're hiring for is less than $75,000, some data (such equally civil judgments, government sanctions and discipline on professional person licenses, for case) that's older than seven years will not be reported on background bank check results.

Even so, if the salary for the position is $75,000 or more than, that information may announced in the results, even if it's older than seven years.

If the task role requires operating a vehicle, you lot may wish to bank check a candidate's motor vehicle records. A motor vehicle records cheque will study whether the candidate's driver's license is agile or non, their driving class, if they have any 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 require employment drug testing for jobs that involve the operation of motor vehicles, chancy or delicate equipment, or if the job description includes the responsibleness for public prophylactic, including customers or fellow employees. If drugs are present, the results reported in a drug examination will vary depending on the blazon of drug screening panel that is used.

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

How Far Back Should Employers Await?

There are some instances where you may want to look farther dorsum than others—like when the job position works with at-run a risk 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 bank check than the above-outlined fourth dimension periods where permitted by law.

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

Groundwork Checks The Like shooting fish in a barrel Way

Consumer reporting agencies similar GoodHire can help you prepare a groundwork check programme that works for your business. GoodHire is FCRA compliant and accredited past the National Association of Professional person Background Screeners (NABPS). We brand groundwork checks simple for employers and candidates past automating mutual compliance processes, such as candidate consent and our localized adverse activity process, which includes a born way to assist you follow all federal, land and local laws.

If y'all're looking to start using background checks at your company, or would like to talk to our experts nigh how GoodHire tin can help streamline and raise your existing employment screening program, get in touch on.

Illustration showing a criminal background check

Disclaimer

The resources provided here are for educational purposes only and do not establish legal advice. Nosotros propose y'all to consult your own counsel if yous have legal questions related to your specific practices and compliance with applicative 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 all-time practices, and writes virtually GoodHire's company and product news. Sara's experience stems from twenty+ years working as a B2C and B2B PR and communications professional.