A job background check is a review process employers use to verify a candidate’s history and qualifications before making a hiring decision. The depth and duration of this review, often referred to as the look-back period, is not uniform across all checks. How far back an employer can search depends entirely on the specific category of information sought and the complex framework of federal and state laws that govern reporting limits.
The Primary Federal Law Governing Background Checks
The Fair Credit Reporting Act (FCRA) is the foundational federal legislation regulating how consumer reporting agencies (CRAs) collect, use, and report consumer information for employment purposes. This law promotes the accuracy, fairness, and privacy of personal information. The FCRA dictates the maximum time certain types of adverse financial and public record information can be included in a consumer report delivered to a prospective employer. It applies broadly to nearly all employment screenings and prevents older data from unfairly hindering employment.
Standard Look-Back Periods for Public Records
The FCRA establishes a seven-year reporting limit for most adverse public record information. This restriction applies specifically to non-conviction data and financial setbacks unrelated to a criminal conviction. Included in this window are civil suits and judgments, records of accounts placed for collection, and released paid tax liens. Records of arrest, detention, or charges that did not lead to a conviction are generally prohibited from being reported after seven years from the date of entry.
Records That Can Be Reported Indefinitely
A major exception to the seven-year reporting rule involves criminal conviction records, which can generally be reported without any time restriction under federal law. A conviction is considered a matter of public record that is permanently relevant to an individual’s history, meaning it can be shown on a background check regardless of how long ago it occurred. The FCRA makes a clear distinction between an arrest, which is subject to the seven-year limit if it does not result in a conviction, and the final outcome of a criminal conviction. Another significant exception relates to high-earning positions. If the expected annual salary for the position is $75,000 or more, the FCRA allows reporting adverse information, including civil suits and collections, that would otherwise be subject to the seven-year cap.
State and Local Laws That Shorten Reporting Periods
Although the FCRA sets a federal standard, many states and local jurisdictions have enacted laws that shorten the reporting period or place additional restrictions on employers. These laws supersede the federal standard and are generally more protective of the applicant. For instance, states like California, New York, and Massachusetts have implemented look-back periods that can apply a seven-year limit to criminal convictions, unlike the indefinite reporting allowed by the FCRA.
Many jurisdictions have also adopted “Ban the Box” measures that restrict when an employer can inquire about an applicant’s criminal history during the hiring process. These laws delay the use of criminal history information until later in the process, such as after a conditional job offer has been extended. These local ordinances often place more stringent limits on the reporting of non-conviction data. The variability between state laws requires employers and consumer reporting agencies to apply the shortest and most restrictive look-back period applicable to the candidate’s location.
Verification Checks vs. Public Record Checks
The time limits established by the FCRA primarily apply to adverse public record data, but they do not restrict the scope of verification checks for factual claims. When a candidate provides a resume detailing their work experience, education, and professional licenses, the employer is generally permitted to verify those claims regardless of how far back they extend. There is no federal time limit on verifying the accuracy of an applicant’s self-reported history.
Driving records, or Motor Vehicle Records (MVRs), are an exception to both the public record and verification check rules, as they are typically regulated by individual state departments of motor vehicles. For employment screening purposes, MVRs are usually limited to a three to seven-year look-back period, depending on the state and the nature of the driving infraction.
Information That Is Always Excluded
Several categories of personal information are legally prohibited from being included in any standard employment background check report, regardless of age or relevance. This includes sealed or expunged criminal records that have been legally removed from the public domain. Medical history and information regarding physical or mental conditions are also excluded from reports used for hiring decisions. Furthermore, juvenile court records and any information related to protected characteristics such as race, religion, or national origin are prohibited from being reported to employers.