For job seekers
What shows up on a background check, and how far back
An employment background check shows what the employer orders, within limits set by federal and state law. Here is what can appear, how far back, and how to see your own file before an employer does.
Reviewed
Primary sources
Free · Not legal advice
On this page
What can appear
The employer chooses what to order.
Common parts are criminal records, past employers, education, a driving record and, for some jobs, credit history. Each is limited by the rules below.
How far back, under federal law
| Kind of record | Federal limit | Law |
|---|---|---|
| Criminal convictions | No federal time limit | § 1681c(a)(5) |
| Arrests that did not lead to a conviction | 7 years | § 1681c(a)(2), (5) |
| Civil suits and judgments | 7 years, or longer if the statute of limitations runs longer | § 1681c(a)(2) |
| Paid tax liens | 7 years from payment | § 1681c(a)(3) |
| Collection accounts | 7 years | § 1681c(a)(4) |
| Bankruptcies | 10 years | § 1681c(a)(1) |
These limits do not apply when the job pays $75,000 a year or more (§ 1681c(b)(3)). Several states set stricter limits, including on convictions. Check a job’s state and pay.
See your own file
- Ask the screening company. It must tell you what is in your file when you ask (
§ 1681g). - After a final notice, you can get a free copy within 60 days (
§ 1681m(a)). - Check court records yourself where you were charged, so you know what a search can find and whether a sealing order was carried out.
Sealed and old records
A sealed or expunged record should not appear, and many states bar employers from asking about it. Rules differ by state. Your rights with a criminal record, by state.
Sources
- 15 U.S.C. § 1681c, what may be reported
- 15 U.S.C. § 1681g, your file
- 15 U.S.C. § 1681m(a), the final notice
State limits: the lookback checker and each state page.
Last reviewed · General information, not legal advice.