how far back can a background check go

The length of time a background check can go back varies depending on the type of check, the purpose of the check, and the laws of the state or country in which the check is being conducted. Here are some general guidelines:

Federal Law:

• The Fair Credit Reporting Act (FCRA) limits the reporting of certain types of information to 7 years, including:

  • Arrests and convictions that are more than 7 years old (with some exceptions)
  • Bankruptcies that are more than 10 years old
  • Tax liens that are more than 7 years old

• However, some types of information can be reported indefinitely, including:

  • Convictions for crimes involving violence, sex offenses, or terrorism
  • Felony convictions

State Laws:

• Some states have laws that limit the reporting of certain types of information, such as:

  • California: 7 years for most types of information, but 10 years for certain types of crimes
  • New York: 7 years for most types of information, but 10 years for certain types of crimes
  • Texas: No limit on the reporting of convictions, but 7 years for certain types of information

Types of Background Checks:

• Level 1 Background Check: Typically goes back 7-10 years and includes a search of local and state records.
• Level 2 Background Check: Typically goes back 10-20 years and includes a search of local, state, and federal records.
• FBI Background Check: Can go back indefinitely, as it searches the FBI’s national database of crime records.

Industry-Specific Background Checks:

• Healthcare Background Checks: May go back 10-20 years, depending on the state and the type of healthcare provider.
• Financial Industry Background Checks: May go back 10-20 years, depending on the type of financial institution and the position being applied for.

It’s worth noting that some employers may choose to conduct more extensive background checks, which can go back further in time. Additionally, some states have laws that allow employers to consider older convictions when making hiring decisions, even if they are not reportable under federal law.