Free tool · For employers
How far back does a background check go?
Federal law limits how far back a screening company may report most records, usually seven years, but not convictions, and not for jobs paying $75,000 or more. Several states set stricter limits. Pick the job’s state and pay to see how far back each kind of record may go, and the law behind it.
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Check the limits for a job
| Kind of record | How far back it may be reported | Law |
|---|
What shows up on an employment background check
It depends on what the employer orders, and on these limits.
A background check from a screening company is a consumer report: information bearing on a person’s credit worthiness, character, general reputation, personal characteristics or mode of living, used for employment (15 U.S.C. § 1681a(d)(1)). The employer chooses what to order. Common parts are criminal records, past employment, education, driving records and, for some jobs, credit history.
What can appear is then limited by time and by the kind of record. Convictions may appear at any age under federal law. Arrests that did not end in a conviction, civil judgments, paid tax liens, collection accounts and most other negative items drop off after seven years; bankruptcies after ten. A state’s own limits can be stricter.
The federal seven-year rule
What a screening company may report, under the FCRA.
| Kind of record | Federal limit | Law |
|---|---|---|
| Criminal convictions | No time limit | § 1681c(a)(5) |
| Arrests, civil suits and judgments | 7 years from the date of entry, or until the statute of limitations runs if longer | § 1681c(a)(2) |
| Paid tax liens | 7 years from payment | § 1681c(a)(3) |
| Collection accounts and charge-offs | 7 years | § 1681c(a)(4) |
| Bankruptcies | 10 years | § 1681c(a)(1) |
| Other negative information | 7 years | § 1681c(a)(5) |
None of these limits apply to a report for a job paying, or reasonably expected to pay, $75,000 or more a year (§ 1681c(b)(3)).
States with their own limits
On top of the federal rule. The stricter limit wins.
| State | Convictions | Arrests without a conviction | Salary that lifts the limits | Law |
|---|---|---|---|---|
| California | 7 years | May not be reported | None | Cal. Civ. Code § 1786.18(a)(7); Cal. Civ. Code §§ 1786.18, 1785.13 |
| Colorado | 7 years | May not be reported | None | C.R.S. § 5-18-109(1); C.R.S. § 5-18-109(1)(e); C.R.S. § 5-18-109(1)(e.5) |
| Kansas | 7 years | 7 years | $20,000 | K.S.A. § 50-704; K.S.A. § 50-704(a)(5), (b)(3) |
| Kentucky | No limit | May not be reported (Kentucky court charges) | None | KRS § 367.310 |
| Maryland | 7 years | 7 years | $75,000 | Md. Code, Com. Law § 14-1203; Md. Code, Com. Law § 14-1203(a)(5), (b)(3) |
| Massachusetts | 7 years | 7 years | None | M.G.L. c. 93, § 52(a) |
| Missouri | No limit | May not be reported | None | RSMo § 610.143.1 |
| Montana | 7 years | 7 years | None | Mont. Code Ann. § 31-3-112; Mont. Code Ann. § 31-3-112(1); Mont. Code Ann. § 31-3-112(2); Mont. Code Ann. § 31-3-112(5) |
| Nevada | No limit | 7 years | None | NRS § 598C.150(1) |
| New Hampshire | 7 years | 7 years | $20,000 | RSA 359-B:5; RSA 359-B:5, I(e), II(c) |
| New Mexico | 7 years | May not be reported | None | NMSA 1978, § 56-3-6(A); NMSA 1978, § 56-3-6(A)(1); NMSA 1978, § 56-3-6(A)(5) |
| New York | 7 years | May not be reported | $25,000 | N.Y. Gen. Bus. Law § 380-j(a)(1); N.Y. Gen. Bus. Law § 380-j(f) |
| Texas | 7 years | 7 years | $75,000 | Tex. Bus. & Com. Code § 20.05; Tex. Bus. & Com. Code § 20.05(a)(4), (b)(3) |
| Utah | No limit | May not be reported | None | Utah Code § 13-45-601 |
| Washington | 7 years | 7 years | $20,000 | RCW 19.182.040(1); RCW 19.182.040(1)(e), (2)(c) |
Other states add no time limits of their own; federal law applies. Several also bar sealed, expunged or pardoned records, or set accuracy rules for screening companies. The tool shows them for each state, and each state page has the full rule.
Questions employers ask
Do convictions ever fall off a background check?
Not under federal law, which sets no time limit on convictions. Some states do: California, Colorado, Massachusetts and Montana limit them to seven years at any pay, and Kansas, Maryland, New Hampshire, New York, Texas and Washington do below a set salary.
Does the $75,000 exception apply to the job?
It applies when the job’s annual salary equals, or may reasonably be expected to equal, $75,000 or more. Then the federal time limits do not apply. Some states lift their own limits at a lower salary, and some never do.
Can an employer still ask about an older record?
These limits are on what a screening company may report. Many states and cities also limit what an employer may ask about or use, such as arrests without a conviction or sealed records. See the state pages.
How is the seven years counted?
For civil records and arrests under federal law, from the date of entry. Most state limits on criminal records count from the date of disposition, release or parole. The tool shows the starting point for each line.
Sources
- 15 U.S.C. § 1681c, requirements relating to information contained in consumer reports
- 15 U.S.C. § 1681a(d), consumer report
State laws: the table above, the tool, and each state page.
Last reviewed · General information, not legal advice.