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How far back does a background check go?
It depends on what's on the record, how old it is, what the job pays and the state. Answer a few questions to see the rules that apply to reports from screening companies, each with its source.
Only states with their own reporting limits are listed.
Answer the questions above to see what the rules say.
General information, not legal advice. These are the general federal and state rules for reports from screening companies. Which rules apply to a report depends on the facts, and this tool can't see your record or any report. If a report about you is wrong or too old, you can dispute it with the screening company, and a lawyer or legal aid office can tell you your options. Your choices stay in your browser and aren't sent to us.
The short version
- Under the federal Fair Credit Reporting Act (FCRA), a criminal conviction can be reported on a background check no matter how old it is.
- Under the FCRA, a background check generally cannot include a record of arrest that is more than seven years old. A longer period applies if the statute of limitations for the charge is longer.
- The FCRA's time limits do not apply to a report used for a job with a yearly salary of $75,000 or more, or one reasonably expected to pay that much. For those jobs, an arrest older than seven years may appear.
- A sealed or expunged record should not turn up on a background check. The FTC says a screening report that lists criminal records that have been expunged or otherwise sealed is one sign that a company's procedures might not be reasonable under the FCRA.
These rules cover reports from private screening companies. Court records stay as they are until a court or a law clears them. Read how long a record stays on file and your background check rights, or check whether your state lets you clear a record.
Questions people ask
How far back does a background check go?
Under the federal Fair Credit Reporting Act (FCRA), a criminal conviction can be reported on a background check no matter how old it is. Under the FCRA, a background check generally cannot include a record of arrest that is more than seven years old. A longer period applies if the statute of limitations for the charge is longer. The FCRA's time limits do not apply to a report used for a job with a yearly salary of $75,000 or more, or one reasonably expected to pay that much. For those jobs, an arrest older than seven years may appear.
Do arrests show up on background checks?
They can. Under the FCRA, a background check generally cannot include a record of arrest that is more than seven years old. A longer period applies if the statute of limitations for the charge is longer.
Will a sealed or expunged record show up?
A sealed or expunged record should not turn up on a background check. The FTC says a screening report that lists criminal records that have been expunged or otherwise sealed is one sign that a company's procedures might not be reasonable under the FCRA.
Which states limit how far back a background check can go?
Our research found state reporting limits in California, Colorado, Kansas, Maryland, Massachusetts, Montana, New Hampshire, New York, Texas, Washington. Some states set their own limits on how long a screening company can report arrests and convictions. These laws cover the reports that consumer reporting agencies make. They are not rules about court records, which stay as they are unless a court or law clears them.
Every answer in this tool comes from a fact on this site that was checked against its source by a second reader. See our editorial standards.