How Far Back Do Criminal Background Checks Go?
When it comes to criminal background checks, the length of time that is searched can vary greatly depending on the specific circumstances and the purpose of the check. In this article, we will explore the typical length of time that criminal background checks can go back and provide guidance on what employers, landlords, and individuals can expect.
How Far Back Do Employers Typically Go?
When it comes to employment background checks, the length of time that is searched is typically determined by the employer’s policy and the purpose of the check. Here are some general guidelines:
- Federal Employers: For federal jobs, the background check typically goes back 7 years from the date of application. This is required by the Federal Fair Credit Reporting Act (FCRA).
- Private Employers: Private employers are not required by law to perform background checks, but many do as a condition of employment. The length of time that is searched can vary greatly, but typically ranges from 5-10 years.
- Job-Specific Background Checks: Some jobs may require more extensive background checks, such as:
- Law Enforcement: 10-20 years
- Finance and Banking: 7-10 years
- Healthcare: 5-7 years
How Far Back Do Landlords Typically Go?
When it comes to tenant screening, the length of time that is searched is typically determined by the landlord’s policy and the state’s laws. Here are some general guidelines:
- National Crime Database: The National Crime Database, which is used by many landlords, typically goes back 7-10 years.
- State-Specific Database: Some states have their own crime databases that go back 10-20 years.
- Private Tenant Screening Services: Some private companies may search as far back as 20-30 years.
How Far Back Do Credit Reporting Agencies Go?
When it comes to credit reporting, the length of time that is searched is typically determined by the credit reporting agency and the purpose of the report. Here are some general guidelines:
- Consumer Credit Reports: Consumer credit reports typically go back 7-10 years from the date of application.
- Business Credit Reports: Business credit reports may go back 10-20 years or more, depending on the purpose of the report.
State-Specific Laws and Regulations
State laws and regulations can play a significant role in determining the length of time that a criminal background check can go back. Here are some examples:
- California: In California, employers are not allowed to consider arrests that are more than one year old or have been expunged or dismissed.
- New York: In New York, employers are not allowed to consider arrests that are more than 2 years old or have been expunged or dismissed.
- Texas: In Texas, employers are not allowed to consider convictions that are more than 10 years old unless the applicant has been convicted of a felony or misdemeanor that is a crime of moral turpitude.
Important Considerations
When conducting a criminal background check, it’s important to consider the following:
- Adverse Action: If a criminal background check reveals a record that could impact an applicant’s employment or housing, the employer or landlord must provide the applicant with a notice of adverse action and a copy of the report.
- FCRA Compliance: Employers and landlords must comply with the Fair Credit Reporting Act (FCRA) when conducting criminal background checks.
- State-Specific Laws: Employers and landlords must comply with state-specific laws and regulations when conducting criminal background checks.
Conclusion
The length of time that a criminal background check can go back varies greatly depending on the specific circumstances and the purpose of the check. Employers, landlords, and individuals should be aware of the typical length of time that is searched and comply with relevant laws and regulations. By understanding the limits of criminal background checks, individuals can make informed decisions about their own backgrounds and protect their rights.
Table: Typical Length of Time for Criminal Background Checks
| Employer/Entity | Typical Length of Time |
|---|---|
| Federal Employers | 7 years |
| Private Employers | 5-10 years |
| Law Enforcement | 10-20 years |
| Finance and Banking | 7-10 years |
| Healthcare | 5-7 years |
| National Crime Database | 7-10 years |
| State-Specific Database | 10-20 years |
| Private Tenant Screening Services | 20-30 years |
| Consumer Credit Reports | 7-10 years |
| Business Credit Reports | 10-20 years or more |
Note: The information provided in this article is general in nature and may not be applicable to every situation. It’s always best to consult with an attorney or HR professional for specific guidance on criminal background checks.
