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
- 15 U.S.C. § 1681c (Cornell LII)
- 15 U.S.C. § 1681e (Cornell LII)
- FTC: Using Consumer Reports: What Employers Need to Know
Updated November 2026. This page is general information, not legal advice.