How Far Back Do Criminal Background Checks Go?
When it comes to criminal background checks, there are many questions that employers, landlords, and even government agencies may have. One of the most common questions is: how far back do criminal background checks go? The answer is not straightforward, as it depends on several factors, including the purpose of the check, the type of check, and the laws of the jurisdiction.
In General, How Far Back Do Criminal Background Checks Go?
In the United States, criminal background checks typically go back for 7-10 years. This means that criminal records from 10-15 years ago are generally not considered relevant by employers, landlords, or other organizations. However, this is not a hard and fast rule, and the length of time covered by a background check can vary depending on the purpose of the check and the jurisdiction.
Purpose of the Check
The purpose of the background check is a critical factor in determining how far back the check will go. For example:
- Employment: For employment purposes, criminal background checks typically go back 7-10 years. This is because many states have laws that limit the use of old convictions in employment decisions. (See Table 1: State-by-State Analysis of Employment Background Check Laws)
- Landlord Screening: For landlord screening, criminal background checks may go back further, sometimes up to 15-20 years. This is because landlords may be concerned about potential threats to their property or other tenants.
- Adoption and Foster Care: For adoption and foster care purposes, criminal background checks may go back even further, sometimes up to 30-40 years. This is because child protection agencies may be looking for any potential risks or red flags in an individual’s past.
Type of Check
The type of background check also affects how far back it goes. For example:
- FBI Background Checks: The Federal Bureau of Investigation (FBI) provides background checks through the Criminal Justice Information Services (CJIS) Division. These checks typically go back 7-10 years, but can cover records from up to 25 years ago if there are concerns about national security or other high-level criminal activity.
- State Background Checks: State-based background checks may go back further, sometimes up to 15-20 years. This is because states have their own laws and regulations governing the use of criminal records in employment and other decisions.
Laws and Regulations
The laws and regulations of the jurisdiction also play a critical role in determining how far back a criminal background check will go. For example:
- Fair Credit Reporting Act (FCRA): The FCRA requires employers to obtain an individual’s consent before performing a background check. It also limits the use of criminal records in employment decisions, and requires employers to give individuals a chance to correct any errors or inaccuracies in their records.
- Ban the Box: Many states and local governments have enacted "ban the box" laws, which prohibit employers from asking about criminal convictions on initial job applications. These laws are designed to reduce the number of individuals who are rejected from employment due to old or minor convictions.
- State-specific laws: Some states have specific laws governing the use of criminal records in employment, landlord screening, and other contexts. For example, some states may prohibit employers from considering convictions that have been expunged or sealed.
Conclusion
In conclusion, the answer to the question "how far back do criminal background checks go?" is complex and depends on several factors, including the purpose of the check, the type of check, and the laws of the jurisdiction. While criminal background checks may go back 7-10 years in general, they can go back further or shorter depending on the context. It is important for employers, landlords, and other organizations to understand the laws and regulations in their jurisdiction and to comply with them to avoid legal issues and ensure fairness in their decision-making processes.
