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.

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Primary sources
Free · Not legal advice

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 recordFederal limitLaw
Criminal convictionsNo federal time limit§ 1681c(a)(5)
Arrests that did not lead to a conviction7 years§ 1681c(a)(2), (5)
Civil suits and judgments7 years, or longer if the statute of limitations runs longer§ 1681c(a)(2)
Paid tax liens7 years from payment§ 1681c(a)(3)
Collection accounts7 years§ 1681c(a)(4)
Bankruptcies10 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

State limits: the lookback checker and each state page.

Last reviewed · General information, not legal advice.

State law

Background check laws by state

Pick a state to see what its law adds to the federal FCRA. A darker state has state law on more of the eight topics we cover.

  • State law on 1 to 3 topics
  • 4 or 5 topics
  • 6 to 8 topics

Every state, with its review date