how far back can a criminal background check go

The length of time a criminal background check can go back varies depending on the type of check, the jurisdiction, and the laws governing the use of such information. Here are some general guidelines:

1. Federal law: Under the Fair Credit Reporting Act (FCRA), consumer reporting agencies (CRAs) are generally prohibited from reporting arrest records that are more than 7 years old. However, this restriction does not apply to convictions, which can be reported indefinitely.
2. State laws: Some states have laws that limit the reporting of certain types of criminal records. For example:

   • California: 7 years for misdemeanors, 10 years for felonies.
   • New York: 7 years for misdemeanors, 10 years for felonies (with some exceptions).
   • Texas: No time limit for reporting convictions.

3. Type of check: Different types of background checks may have different time limits:

   • Level 1 checks: These checks typically only include a search of local or state records and may only go back 7-10 years.
   • Level 2 checks: These checks may include a search of federal records and may go back further, often 10-20 years.
   • FBI checks: These checks can include a search of the FBI’s National Crime Information Center (NCIC) database, which can contain records dating back to the 1960s.

4. Industry-specific regulations: Certain industries, such as healthcare or finance, may have specific regulations governing the use of background checks. For example, the Health Insurance Portability and Accountability Act (HIPAA) requires healthcare providers to conduct background checks on employees who have access to patient information, but does not specify a time limit for reporting convictions.
5. Employer discretion: Ultimately, the decision of how far back to search for criminal records is often up to the employer or the organization conducting the background check.

In general, it’s common for background checks to go back 7-10 years, but this can vary depending on the specific circumstances and the laws governing the use of such information.