How Far Back Do Employers Check Criminal Records?
When applying for a job, most people are anxious about one crucial aspect – their criminal record. How far back do employers check criminal records? This question is frequently asked by individuals who are worried about the impact of their past mistakes on their job prospects.
Short Answer: It Depends on the Employer
The extent to which an employer checks criminal records depends on several factors, including the nature of the job, company policies, and local laws. Some employers may be more lenient and consider only recent criminal activity, while others may delve into a candidate’s entire criminal history.
Federal Regulations
In the United States, the federal government regulates how far back employers can check criminal records. Under the Fair Credit Reporting Act (FCRA), employers must obtain an applicant’s written consent before conducting a criminal background check. The act also states that employers must only request records from the past 7 years, unless:
• More than 7 years have passed since the record was set, and it is for a crime related to fraud, theft, or burglary.
• The employee has been released from incarceration, and the employer wishes to verify that the employee is no longer incarcerated.
State-by-State Varying Requirements
Despite federal regulations, state laws differ regarding the scope and timing of criminal background checks. Some states, such as California, restrict employers from asking about expunged convictions, while others, like Alabama, allow employers to request records from any point in a candidate’s life. Table 1: State-by-State Criminal Record Check Requirements provides an overview of each state’s regulations.
| State | Number of Years Considered |
|---|---|
| Alabama | Lifelong |
| Alaska | 7 years |
| Arizona | 7 years |
| California | Varies (not allowed to ask about expunged convictions) |
| Florida | 7 years (2nd chance law allows some employers to consider sealed records) |
| New York | 7 years |
| Texas | Lifelong |
Employer Considerations
Employers, however, may be more restrictive when it comes to considering criminal records, depending on the job and company policies. For instance:
• High-stress or safety-sensitive positions, such as law enforcement or healthcare, may require more thorough and recent checks.
• Companies operating in industries with strict regulatory requirements, such as financial institutions or pharmaceuticals, may have stricter policies due to the sensitivity of the information they handle.
• Small businesses or start-ups might have fewer resources to conduct extensive background checks, relying more on employee referrals and personal screening.
How to Disclose a Criminal Record
When applying for a job, it’s essential to honestly disclose a criminal record. In many cases, employers require candidates to truthfully provide information about their criminal history on the job application form or during an interview.
What You Can Do
If you have a criminal record and are worried about its impact on your job prospects:
• Consider expunging your record, if possible. Expungement laws vary by state, but a successful expungement can erase the criminal record for all purposes.
• Focus on relevant skills and experience, to demonstrate to potential employers that you’re a strong candidate despite any criminal history.
• Research the employer’s criminal record check policies, before applying, to understand the company’s approach to screening.
Conclusion
When it comes to how far back employers check criminal records, the answer is: it depends. Federal regulations set a 7-year limit, while state laws vary. Employers may have their own policies regarding criminal background checks, often considering factors like job requirements and company needs. It’s crucial to understand local laws and employer policies before applying for a job and to be open about your criminal record when necessary.
By being prepared and taking steps to manage your criminal record, you can improve your chances of securing employment despite any past mistakes.
References
- [1] Fair Credit Reporting Act (FCRA), https://www.ftc.gov/system/files/documents/ guidancedocuments/complying-fair-credit-reporting-act-privacy.pdf
- [2] National Association of Background Screeners (NABSHR), https://www.nabs.net/learn/background-screening/ employers-guide
