How Far Back Do Background Checks Go?
“How far back does a background check go?” is one of the most common questions we hear from employers and candidates alike — and the honest answer is: it depends on the type of record and where you’re hiring. Federal law sets a floor, several states go further, and some records have no lookback limit at all. Here’s how it actually works.
The federal baseline: the FCRA’s seven-year rule
The Fair Credit Reporting Act limits what a consumer reporting agency may include in an employment background check:
| Record type | Federal lookback limit |
|---|---|
| Arrests that did not lead to conviction | 7 years |
| Civil suits and civil judgments | 7 years |
| Paid tax liens | 7 years |
| Collection accounts | 7 years |
| Bankruptcies | 10 years |
| Criminal convictions | No federal limit |
The pattern to remember: non-conviction records age out after seven years, but convictions can be reported indefinitely under federal law.
Under federal law, a criminal conviction can be reported no matter how old it is — but several states cut that off at seven years.
One more federal wrinkle: the seven-year limits above don’t apply when the position pays a salary of $75,000 or more.
Where states go further
A number of states — commonly including California, Kansas, Maryland, Massachusetts, Montana, New Hampshire, New Mexico, New York, and Washington — limit the reporting of convictions to seven years for most jobs, sometimes with salary-based exceptions. Others restrict specific record types, and “ban-the-box” jurisdictions control when in the hiring process you may consider criminal history at all (see our ban-the-box guide).
This is exactly why the screening company you choose matters: a compliant provider applies the correct lookback rules for the candidate’s location and the job’s location automatically, so legally unreportable records never reach your report.
How far back do specific searches go in practice?
- County criminal searches typically cover at least 7 years of address history, and most courts return all reportable records they hold.
- Federal criminal searches cover the U.S. District Courts, again subject to reportability rules.
- Employment and education verifications go back as far as you ask — most employers verify the last 7–10 years of work history.
- Driving records usually return 3–10 years of history depending on the state DMV.
- Expunged and sealed records should never appear, regardless of age.
What this means for employers
- Don’t ask for more history than you can use. A 20-year criminal search in a seven-year state adds cost and legal risk without adding usable information.
- Judge records against the job. The EEOC recommends an individualized assessment — the nature of the offense, the time elapsed, and the relevance to the role — rather than blanket exclusions.
- Let your provider handle reportability. Our reports are aligned to the latest state and federal laws, filtered before delivery, and reviewed by our Quality Assurance team — so what you see is what you can lawfully use. (Our FCRA compliance guide covers the rest of the process.)
Screen confidently, at any depth
Whether you need a fast seven-year criminal package or a full executive screen with civil records and verifications, we’ll build it to match your jurisdictions. Get started free or call 1-800-935-8537 — a PBSA-certified expert typically answers in about 90 seconds.
This article is general information, not legal advice. Consult your employment counsel about your specific obligations.
