How far back does a background check go?
For most negative records, seven years. For criminal convictions, there is no federal limit. That is the rule the Fair Credit Reporting Act sets for background check companies (the law calls them consumer reporting agencies) in 15 U.S.C. § 1681c. The seven-year limits also drop away entirely for a job paying $75,000 or more a year. And some states add their own, stricter limits.
Here is how the federal rules break down.
| Type of record | How long it can be reported under the FCRA |
|---|---|
| Criminal convictions | No time limit |
| Arrests that did not lead to a conviction | 7 years from the date of entry, or longer if the governing statute of limitations hasn’t expired |
| Dismissed charges and other non-conviction criminal records | 7 years from the date of the event |
| Civil suits and civil judgments | 7 years from the date of entry, or until the statute of limitations expires, whichever is longer |
| Paid tax liens | 7 years from payment |
| Collections and charge-offs | 7 years (starting 180 days after the delinquency began) |
| Bankruptcy | 10 years |
| Any other adverse information | 7 years |
| Employment and education dates | No limit (not adverse information) |
The seven-year rule for non-conviction records
Section 1681c(a)(2) bars reporting civil suits, civil judgments and records of arrest that, from the date of entry, are more than seven years old, or until the governing statute of limitations has expired, whichever is longer. Section 1681c(a)(5) then bars “any other adverse item of information, other than records of convictions of crimes” older than seven years.
FTC staff have explained how these apply to background checks:
- The clock runs from the event, not from when the company found it. The seven-year period for criminal records other than convictions runs from the date of the reported event. The date the background company acquired the record is irrelevant.
- The company can’t hint at old records. Even without listing an item, a consumer reporting agency may not furnish a report that references the existence of adverse information older than the time limits.
- Laws requiring deeper searches don’t change the rule for the company. A consumer reporting agency may not report non-conviction criminal records beyond seven years even when the employer is required by another law to check older records. The employer can search those records itself.
That last point is a real limit on the rule: the FCRA’s time limits cover background check companies, not employers acting on their own. FTC staff say an employer that checks public records itself is not covered by the FCRA and may search without regard to the seven-year limit.
Convictions have no federal time limit
The FCRA exempts “records of convictions of crimes” from the seven-year rule, and FTC staff say a consumer reporting agency may report convictions without any limit on how long ago they occurred. Under federal law, a conviction from 20 years ago can appear on an employment background check.
That doesn’t mean anything goes. A conviction that has been expunged, sealed, set aside or reduced should not be reported as if nothing changed. Under § 1681e(b), a background check company must follow reasonable procedures to assure maximum possible accuracy. For employment reports containing adverse public records, § 1681k requires the company either to notify you at the time it reports the record, or to keep strict procedures so that the record is complete and up to date, meaning its current public record status is reported.
The $75,000 salary exception
Under § 1681c(b), the time limits in § 1681c(a) do not apply to a report used in connection with:
- Employment at an annual salary that equals, or may reasonably be expected to equal, $75,000 or more
- A credit transaction of $150,000 or more
- Life insurance with a face amount of $150,000 or more
FTC staff say these exceptions apply to any consumer report, including an employment report made only of public records, and that the salary exception applies only when the employer reasonably expects to pay $75,000 or more a year for the work. The $75,000 figure is written into the statute; the FCRA does not adjust it for inflation.
If the job pays less than $75,000 and your report included a non-conviction record more than seven years old, that may be a violation.
State limits can be stricter
The FCRA sets a federal floor. Some states limit what background check companies can report, or what employers can consider, beyond the federal rules. The FTC tells employers it’s a good idea to review their state’s laws on consumer reports.
California is one example. Its Investigative Consumer Reporting Agencies Act bars an investigative consumer report, as California law defines it, from including records of arrest, indictment, information, misdemeanor complaint or conviction that, from the date of disposition, release or parole, are more than seven years old (Cal. Civ. Code § 1786.18(a)(7)). That covers convictions, which federal law does not limit. Because those rules vary by state and change, check the law in your state, and in the state where the job is, before assuming the federal rule is the whole answer.
Records that shouldn’t be on your report at any age
Age is only one problem. Background check companies also report records that are wrong no matter when they happened:
- Someone else’s record, matched to you by name and date of birth without enough identifiers
- A single case reported more than once, making one incident look like several
- A dismissed or reduced charge reported as a conviction or as still pending
- A misdemeanor shown as a felony, or the wrong offense
- Expunged or sealed records that should no longer be reported
See what to do if your background check is incorrect and our background check errors page.
How to dispute an obsolete or wrong record
- Get a copy of the report. If an employer takes action based on it, the FTC says the employer must give you a copy and a summary of your rights before deciding. You can also request your file from the background check company. Our guides cover companies including Checkr, HireRight, Sterling and First Advantage.
- Identify each problem: the record that’s too old, the case that isn’t yours, the dismissal that’s missing.
- Dispute in writing with the background check company. Explain what is wrong and attach proof: court dispositions, expungement orders, ID showing a different date of birth. See how to dispute a background check report.
- The company must reinvestigate within 30 days of receiving your dispute and delete or correct information that is inaccurate, incomplete or can’t be verified, under § 1681i.
- Tell the employer you’ve disputed the report and share the court records directly.
Get a free case review
If a background check reported a record that was too old, sealed, dismissed or not yours, and it cost you a job, talk to an FCRA lawyer. The case review is free, and we work on contingency: no fee unless we win.
Do not wait too long. Under 15 U.S.C. § 1681p, an FCRA lawsuit generally must be filed within two years after you discover the violation, and no later than five years after the violation occurred.
Frequently asked questions
Do background checks only go back 7 years?
Not for everything. Under the FCRA, records of arrest and most other negative information can't be reported after seven years, but convictions have no federal time limit. The seven-year limits also don't apply to a job reasonably expected to pay $75,000 or more a year.
Can a background check show a dismissed charge?
A dismissed charge is not a conviction, so the seven-year limit applies. FTC staff say the seven years for criminal records other than convictions runs from the date of the reported event. Even within seven years, the record must be reported accurately and completely, including its dismissal.
Can a background check show a conviction from 15 years ago?
Under federal law, yes. The FCRA does not limit how long a consumer reporting agency can report a criminal conviction. Some states restrict this, so check the law where you live or where the job is.
Does the 7-year rule apply if the employer searches court records itself?
No. FTC staff say the FCRA's limits apply to consumer reporting agencies. An employer that checks public records on its own, without using a background check company, is not covered by the FCRA's time limits.
How far back do employment and education checks go?
The seven-year limit covers adverse information. FTC staff say dates of employment and education are not adverse information, so a report can include them regardless of how old they are.
What can I do if a background check reports a record that's too old?
Dispute it with the background check company in writing. It generally must reinvestigate within 30 days and delete information that is inaccurate or can't be verified. Reporting an obsolete record may also support a claim under the FCRA.
Sources
- 15 U.S.C. § 1681c, requirements relating to information in reports (Cornell LII)
- 15 U.S.C. § 1681e, accuracy of reports (Cornell LII)
- 15 U.S.C. § 1681k, public record information for employment purposes (Cornell LII)
- 15 U.S.C. § 1681i, procedure in case of disputed accuracy (Cornell LII)
- 15 U.S.C. § 1681p, time limit to sue (Cornell LII)
- FTC, 40 Years of Experience with the Fair Credit Reporting Act: Staff Report (2011)
- Cal. Civ. Code § 1786.18, Investigative Consumer Reporting Agencies Act (California Legislative Information)
- FTC, Employer Background Checks and Your Rights
- FTC, Using Consumer Reports: What Employers Need to Know
Updated November 2026. This page is general information, not legal advice.
