They can. Under the federal FCRA, arrest records and other non-conviction records, such as dismissed charges, generally cannot be reported once they are more than seven years old. That limit does not apply to jobs paying $75,000 or more a year.
The FCRA treats convictions and non-conviction records very differently.
Arrests and dismissed charges: generally seven years
Section 1681c(a)(2) bars a screening company from reporting 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) separately bars any other adverse item older than seven years, other than records of convictions. A charge that was dismissed, dropped, or ended in an acquittal is not a conviction, so it generally falls under the seven-year limit.
The limits do not apply to a report used for a job with an annual salary of $75,000 or more (§ 1681c(b)(3)).
Recent arrests must be reported completely
A screening company can report an arrest that is less than seven years old, but it must still be accurate and complete. Under § 1681k, when a company reports criminal records for employment, it must either notify you at the time it reports them or keep strict procedures to ensure the records are complete and up to date, which means reporting the current status of the case. A report that shows a charge as pending after it was dismissed, or leaves off the dismissal, may violate the FCRA.
Convictions
Convictions have no federal time limit and can be reported regardless of age. Some states set stricter limits.
What to do
If your report shows an old arrest, or a dismissed case without its outcome, get a copy of the report, gather the court disposition, and dispute the entry with the screening company under § 1681i. Employers also face separate limits on how they use arrest records; see our page on whether an employer can reject you for an arrest record.
If a report included a too-old or incomplete arrest record, a free case review can help you weigh your options, with no fee unless we win.
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Updated November 2026. This page is general information, not legal advice.