A common question we receive from both individuals seeking a personal background check and employers is, “How far back does a background check go?”
As is often the case in background screening, the answer isn’t exactly straightforward.
No background check is created equal. Each report undergoes nuance, and this nuance increases with the complexity of the background check. When determining the search scope of a report, several key considerations must be taken into account, including state reporting laws, employer preferences, industry best practices, data availability, and other relevant factors.
The purpose of this article is to touch on these things and provide clarity on this common question.
State-by-State Criminal Reporting Laws
The Fair Credit Reporting Act (FCRA) restricts the reporting of non-conviction records (such as dismissed charges) to seven years. Since the FCRA is a federal law, all 50 states are required to comply with this requirement.
In addition to federal legislation, each state has separate laws regarding background screening. In many cases, the laws of one state mirror those of another. However, some states enact unique laws that influence how records are reported in their state.
In California, criminal checks are generally limited to information from the past seven years. This includes arrest records, misdemeanor convictions, and even some felony convictions. Thus, in the state of Utah, for example, the results of a background check could include a felony hit-and-run conviction from a decade prior, but such a California record could not be reported. Kansas, New York, Washington, and Montana, among others, have similar reporting restrictions.
In this regard, how far a criminal records search could extend into the past, yielding reportable results, can depend on the state in which a crime was committed.
Federal Records
When it comes to federal records, any information in the public domain can be reported, regardless of its date.
Non-Criminal Search Scopes
Criminal searches aren’t the only components of a background check that can return adverse information. Here are some non-criminal search scopes to consider.
Civil Judgements (federal and county)
While civil courts are often completely separate from county criminal courts, records are often maintained similarly. The reporting of civil records typically mirrors that of criminal records in the same jurisdiction.
MVR
3-year and 5-year search scopes are most common. 7-year is also available in some instances.
Employment History
While this is up to the employer’s discretion, a 7-year (or less) employment history investigation is most common.
Social Media
Anything publicly accessible, regardless of the date of publication, could be found on a social media screening report.
Credit Reports
Any available history is often reported, with bankruptcy information up to 10 years old.
Drug Screening
While technically separate from background screening insights, drug testing and substance detection timelines can be important to know. Here is an article that explores this topic in more depth.
Employer Preference and Best Practices
When it comes to background screening for employment, a 7-year search history is common, regardless of any absence of additional restriction. However, if a serious crime or a record of a specified nature is identified beyond the 7-year timeframe and is legally reportable, it is often included in the report. Some employers, typically hiring for more high-level positions, will extend their preferred scope to 10 years. This means that all legally reportable records within a 10-year timeframe will be reported, with more serious, legally reportable convictions beyond that timeframe also being included.
Conclusion
In summary, the short and incomplete answer to the question, “How far back does a background check go?” is typically seven years in most cases. However, it is possible, and relatively common, that records beyond a 7-year timeframe may appear on a background check if they are legally reportable. It just depends on the factors mentioned above.
Regarding credit information, motor vehicle records, verifications, social media insights, or other record types, the scope can range from 3 years (or less, depending on age) to indefinite.
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