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How far back do most criminal background checks go?

How Far Back Do Most Criminal Background Checks Go?

Criminal background checks have become a crucial aspect of many industries, from employment to rental applications, to ensure public safety and security. The scope and depth of these checks vary depending on the purpose and industry, but the frequency of searching records can raise questions. In this article, we will delve into the depth of criminal background checks and answer the question: how far back do most criminal background checks go?

Types of Criminal Background Checks

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Before we dive into the duration of background checks, it’s essential to understand the different types of searches. There are two primary categories:

County Criminal Searches: These searches check records in specific counties where the applicant has resided or committed a crime. This type of search is often used for employment purposes, licensing, or insurance underwriting.
National Criminal Searches: These searches query federal databases and some state databases, including the FBI’s Criminal Justice Information System (CJIS), to obtain information on arrests, convictions, and incarcerations across the United States.

The Distance in Time

So, how far back do most criminal background checks go? The answer varies depending on the industry, state, or organization conducting the search. Here are some general guidelines:

Employment Background Checks: Most employers use a standard seven-year lookback period for employment-related background checks. This means they search for records dating back to the individual’s 18th birthday.
Licensing and Professional Regulation: Many state licensing boards and professional regulatory agencies have a ten-year lookback period for background checks.
Federal Background Checks: The Federal Bureau of Investigation (FBI) conducts background checks for security clearances and law enforcement positions, with a lookback period of 50 years for arrests and 75 years for convictions.
Public Housing and Section 8 Housing: For public housing and Section 8 housing programs, background checks may search as far back as 15-20 years for prior criminal activity.
Adoption and Foster Care: Social workers and child welfare agencies typically conduct background checks for adoptions and foster care, searching up to 15-20 years for prior criminal activity.

State-by-State Variation

Background check laws and regulations vary from state to state. Here’s a table highlighting some key differences:

StateEmployment LookbackLicensing/Professional Regulation Lookback
California7 years10 years
New York7 years15 years
Texas10 years10 years
Florida7 years15 years
Illinois7 years10 years

Special Considerations

Some cases require special considerations when it comes to criminal background checks. For example:

Juvenile Records: Many states have laws shielding juvenile records from public disclosure, even in cases of severe crimes. Some jurisdictions may require court approval or waivers to access these records.
Expunged or Sealed Records: In some cases, records may have been expunged or sealed due to rehabilitation programs, record clearing, or other reasons. These records may not be included in a background check, depending on the state’s laws.
Military Service: In some cases, military personnel or veterans may have prior criminal records, but these may not be considered for civilian employment or licensing purposes.

Conclusion

Criminal background checks can delve back into the applicant’s criminal history, but the scope and depth of the search vary depending on the purpose, industry, and jurisdiction. From employment to public housing and adoption, each sector has its unique guidelines and requirements. While most background checks look back between 7-15 years, federal agencies and certain states have longer or shorter lookback periods. It’s essential to understand the specific laws and regulations applicable to your industry to ensure accurate and comprehensive criminal background checks.

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