No fee unless we win|Helping people nationwide|The company that broke the law pays our fees
Mon–Fri 8:30–6 CT · Online review 24/7

Employment background checks

How far back does a background check go?

Short answer

Under the federal FCRA, most negative items, including arrests that did not lead to a conviction, generally cannot be reported after seven years. Criminal convictions have no federal time limit, and the seven-year limits do not apply to jobs paying $75,000 or more a year.

When an employer buys a background check from a screening company, that company is a consumer reporting agency, and the Fair Credit Reporting Act (FCRA) limits how old the information in the report can be.

The federal time limits

Section 1681c(a) of the FCRA bars a screening company from reporting:

  • Civil suits, civil judgments, and arrest records older than seven years from the date of entry, or until the governing statute of limitations has expired, whichever is longer.
  • Accounts placed for collection or charged off older than seven years.
  • Paid tax liens more than seven years after payment.
  • Bankruptcies more than 10 years old.
  • Any other adverse item older than seven years, except criminal convictions.

Criminal convictions are expressly carved out of the seven-year rule, so under federal law a conviction can be reported no matter how old it is.

The salary exception

Section 1681c(b) says the time limits do not apply to a report used for a job with an annual salary that equals, or may reasonably be expected to equal, $75,000 or more. For those positions, older non-conviction records can lawfully appear.

State law

Some states set stricter limits on what screening companies can report or what employers can consider. Whether a stricter rule applies depends on where you live and where the job is.

Old records still have to be accurate

Even when a record is old enough to be reported, the screening company must follow reasonable procedures to assure maximum possible accuracy under § 1681e(b). An old case that is reported with the wrong outcome, attached to the wrong person, or listed more than once can still be a reporting error.

If a background check included information that is too old to be reported, or reported a record inaccurately, a free case review can help you understand your options, with no fee unless we win.

Related

Sources

Updated November 2026. This page is general information, not legal advice.

No fee unless we win

The company that broke the law pays our fees.

CallTextFree Review