How Far Back Do Criminal Background Checks Go?
When it comes to criminal background checks, one of the most common questions employers, landlords, and individuals ask is how far back do these checks go? The answer is not a simple one, as it depends on various factors, including the type of background check, the purpose of the check, and the laws and regulations in place. In this article, we will delve into the details of criminal background checks and provide a comprehensive answer to this question.
What is a Criminal Background Check?
A criminal background check is a process of verifying an individual’s criminal history by reviewing their criminal records, which may include information such as:
- Arrests
- Convictions
- Misdemeanors
- Felonies
- Juvenile records (in some cases)
The purpose of a criminal background check is to identify potential criminal activity or misconduct, which can impact an individual’s ability to obtain employment, rent a property, or engage in other activities.
How Far Back Do Criminal Background Checks Go?
The length of time that a criminal background check goes back depends on several factors, including:
- State laws: Different states have varying laws regarding the length of time that criminal records are maintained. For example, in California, criminal records are typically kept for 7-10 years, while in New York, they are kept for 20 years.
- Federal laws: Federal laws, such as the Fair Credit Reporting Act (FCRA), require employers to only consider criminal records that are relevant to the job being applied for. However, federal agencies, such as the FBI, may maintain criminal records for an indefinite period of time.
- Purpose of the check: The purpose of the background check can also impact how far back it goes. For example, a background check for a job may only consider criminal records from the past 7-10 years, while a background check for a government security clearance may consider records from the past 20-30 years.
- Type of background check: The type of background check being conducted can also impact how far back it goes. For example, a basic background check may only consider public records, while a more comprehensive check may include private databases and other sources.
Table: Typical Length of Time for Criminal Background Checks
| Type of Check | Typical Length of Time |
|---|---|
| Basic Background Check | 5-7 years |
| Comprehensive Background Check | 10-20 years |
| Federal Security Clearance | 20-30 years |
| Landlord Background Check | 5-10 years |
Key Points to Consider
When it comes to criminal background checks, there are several key points to consider:
- Adverse Action: If a criminal background check reveals a record that may disqualify an individual from a particular opportunity, the individual has the right to dispute the accuracy of the record and to request an explanation for the adverse action.
- FCRA Compliance: Employers and other entities conducting background checks must comply with the FCRA, which requires them to obtain consent from the individual being checked, provide a clear description of the information being searched, and provide a summary of the rights of the individual being checked.
- Ban the Box: Many cities and states have enacted "ban the box" laws, which prohibit employers from asking about an individual’s criminal history until after the initial application process.
Conclusion
In conclusion, the length of time that a criminal background check goes back depends on various factors, including state laws, federal laws, the purpose of the check, and the type of background check being conducted. It is essential to understand these factors and to comply with relevant laws and regulations when conducting criminal background checks. By doing so, individuals and organizations can ensure that these checks are fair, accurate, and comply with the law.
