How Many Years Does a Background Check Search?

One of the most important factors of a background check is the timeframe that is being searched. So, how many years does a background check search anyway? Unfortunately, the answer to this question is dependent on who you are asking and where you are located. This article will take a look at the leading perspectives on how far back background checks should search.

Truthfully, a criminal background check should only be limited by two things:

1. How far back the court records go; and/or

2. Federal or state law restrictions for reporting criminal convictions for employment purposes.

Imposing broad restrictions on reporting criminal convictions will increase the risk of a bad hire, innocent victims being harmed, and potential for negligent hiring lawsuits. Research on ex-offenders has shown that more than 50% are back in prison within 3 years. Corrections professionals have tried everything to reduce the recidivism of ex-offenders, but nothing has proved fruitful.

A quality background screening partner will:

1. Not limit a search to 7 years unless required by law.

2. Provide education on importance of a 3 pronged policy on the use of criminal records:

   1. What is the nature of the crime?

   2. How long ago was the crime committed?

   3. How does the crime impact the employment position?

When thinking about a comprehensive background check, many people’s first thought would be to search the person’s entire adult life’s criminal history. Although that would be nice to be able to do, there are often restrictions in place that may not allow you to get the records from that long ago.

According to the Fair Credit Reporting Act (FCRA), there’s no limit to how many years a background screening company can go back when searching during a background check for a conviction. So, if the conviction was thirty years ago, they can access this information. However, many states won’t allow background check companies to report criminal history information that is older than seven years. These states include:

1. California

2. Maryland

3. Massachusetts

4. Montana

5. Nevada

6. New York

7. Texas

8. Washington

Just like everything else in life, there are potential exceptions that can be made. As an example, if you are hiring for a job in California that has a salary of $125,000+, the background check can search the previous ten years instead of seven. 

If you weren’t found guilty of a crime, some states forbid these records from being reported in a background check. These states include:

1. Alaska

2. California

3. Indiana

4. Massachusetts

5. Michigan

6. New York

Additionally, for the other states that allow for non-convictions to be reported, the FCRA restricts the reporting of them to 7 years, unless the salary of the position exceeds $75,000. 

Overall, without any laws or restrictions in place, a background check can search as far back as you want it to (as long as there are records available to be searched). 

Because there are federal regulations for background checks, along with individual state regulations, it is important to know where your state lands in the laws for background screening. 

If you have questions about these kinds of laws, you should contact your state fair employment agency for more information to make sure you understand your regulations.