How Far Back Can a Criminal Background Check Go?
When applying for a job, rental property, or other opportunity, it’s common for individuals to undergo a criminal background check. But how far back can these checks go? In this article, we’ll explore the limits of criminal background checks and what you need to know.
Federal Laws and Regulations
In the United States, federal laws regulate the scope of criminal background checks. The Fair Credit Reporting Act (FCRA), which governs the use of consumer reports, including criminal background checks, states that:
- Background checks can go back 7 years for most criminal convictions and arrests.
- Convictions that are more than 7 years old can be excluded from consideration, unless the offense was a crime against a child, a sex offense, or a crime involving domestic violence.
- Convictions that are more than 10 years old for crimes against children or sex offenses can be included in the background check, regardless of the FCRA limit.
State Laws and Regulations
While federal laws provide a general framework, state laws can impose more stringent requirements. Some states have their own laws regarding the scope of criminal background checks, including:
- California: Background checks can go back 10 years for most criminal convictions and arrests.
- New York: Background checks can go back 7 years for most criminal convictions and arrests, but up to 10 years for sex offenses.
- Florida: Background checks can go back 7 years for most criminal convictions and arrests, but up to 15 years for violent crimes.
Private Industry and Employer Policies
Some private companies and employers may have their own policies regarding the scope of criminal background checks. These policies may be more stringent than federal or state laws, or they may be less comprehensive. For example:
- Some employers may require background checks to go back 10 or 15 years for certain positions, such as those in healthcare or finance.
- Other employers may limit their background checks to the past 5 years, focusing on more recent convictions and arrests.
Limitations and Exclusions
Criminal background checks may not always be able to uncover every criminal conviction or arrest. There are several reasons for this:
- Convictions that were expunged or sealed may not be included in the background check, as they are no longer considered public record.
- Arrests that did not result in conviction may not be included in the background check, as they are not considered final.
- Juvenile records may be excluded from consideration, depending on the state and local laws.
Table: Summary of Federal and State Laws
| State | FCRA Limit | Additional Limitations |
|---|---|---|
| Federal | 7 years | 10 years for crimes against children or sex offenses |
| California | 10 years | – |
| New York | 7 years | Up to 10 years for sex offenses |
| Florida | 7 years | Up to 15 years for violent crimes |
Conclusion
Criminal background checks can go back anywhere from 5 to 15 years, depending on the state and local laws, as well as the policies of private companies and employers. It’s essential to understand the scope of these checks and how they may impact your life, particularly if you have a criminal record. By understanding the limitations and exclusions, you can better navigate the process and make informed decisions about your future.
