No. The FCRA's seven-year limits on reporting old arrests, civil judgments, and other negative items do not apply to a background check for a job with an annual salary that equals, or may reasonably be expected to equal, $75,000 or more.
Section 1681c(a) of the Fair Credit Reporting Act sets time limits on what a consumer reporting agency can include in a report. Arrest records, civil suits and judgments, collection accounts, and most other negative items generally drop off after seven years, and bankruptcies after 10 years.
The exception
Section 1681c(b) lists three situations where those limits do not apply. One is a report used in connection with “the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal $75,000, or more.” The other two involve credit transactions and life insurance of $150,000 or more.
The $75,000 figure is a fixed dollar amount written into the statute. The test looks at the salary the job pays or may reasonably be expected to pay, not at your past earnings.
What this means in practice
- For a job at or above $75,000, a screening company can lawfully report arrests, dismissed charges, and civil judgments older than seven years.
- Criminal convictions can be reported at any salary level, because they are excluded from the seven-year rule altogether.
- State laws in some states may still limit what can be reported or considered, regardless of salary.
Accuracy rules still apply
The salary exception only lifts the time limits. It does not relax the screening company’s duty under § 1681e(b) to use reasonable procedures to assure maximum possible accuracy, or the employer’s duties under § 1681b(b), including getting your written authorization and giving you a copy of the report before taking adverse action. An old record that is reported with the wrong outcome or matched to the wrong person can still be a violation.
If an old record on a high-salary background check was reported inaccurately, a free case review can help you understand your options, with no fee unless we win.
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Updated November 2026. This page is general information, not legal advice.