How Far Back Do Background Checks Go?
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Under the federal Fair Credit Reporting Act (FCRA), criminal convictions can be reported on background checks indefinitely, while arrests that did not result in conviction are limited to 7 years. However, 12 states have enacted stricter limits that cap conviction reporting at 7 years for employment screening. The actual lookback period depends on your state, the type of background check, the position's salary, and the industry. Some industries (healthcare, finance, government) are exempt from time limits entirely.
Lookback Periods by Record Type
| Record Type | Federal Rule | State Variation | Notes |
|---|---|---|---|
| Criminal convictions (felony and misdemeanor) | No time limit — can be reported indefinitely | 12 states limit to 7 years for employment | This is the most important record type. Most employers focus on convictions. |
| Arrests without conviction (dismissed, acquitted, nolle prosequi) | 7 years from date of arrest | 17+ states ban reporting entirely | The 7-year clock starts from the arrest date, not the dismissal date (per FCRA/SHRM guidance). |
| Pending charges | No time limit (active court record) | Reportable in all states while case is active | Once resolved, follows the rules for convictions or non-convictions above. |
| Civil judgments | 7 years from date of entry | Some states have shorter limits | Includes lawsuits, restraining orders, and civil court filings. |
| Bankruptcies (Chapter 7) | 10 years from filing date | Consistent across states | Chapter 13 bankruptcies are limited to 7 years. |
| Tax liens (paid) | 7 years from date paid | Consistent across states | Major credit bureaus stopped reporting tax liens in 2018, but they may still appear on specialized checks. |
| Eviction records | 7 years | Some states limit to shorter periods | Relevant for tenant screening. Some jurisdictions limit eviction reporting to 3-5 years. |
States That Limit Conviction Reporting to 7 Years
These 12 states have enacted laws limiting how far back consumer reporting agencies can report criminal convictions for employment screening purposes. All other states follow the federal rule allowing indefinite reporting of convictions.
| State | Limit | Salary Exception | Notes |
|---|---|---|---|
| California | 7 years | No — applies to all salaries | Cal. Labor Code § 432.7; also has Fair Chance Act (ban-the-box) and Clean Slate law for auto-sealing |
| Colorado | 7 years | No — applies to all salaries | Colo. Rev. Stat. § 24-72-308.5; Denver has additional local restrictions |
| Kansas | 7 years | Yes — does not apply if salary is $20,000+ | K.S.A. § 21-6614; the low threshold makes the exception apply to most jobs |
| Maryland | 7 years | Yes — does not apply if salary is $20,000+ | Md. Code, Cts. & Jud. Proc. § 3-1404; low threshold limits protection |
| Massachusetts | 7 years | No — applies to all salaries | Mass. Gen. Laws ch. 6 § 172; also prohibits reporting misdemeanor convictions older than 5 years |
| Montana | 7 years | No — applies to all salaries | Mont. Code Ann. § 31-3-112 |
| Nevada | 7 years | No — applies to all salaries | Nev. Rev. Stat. § 598C.150; added conviction limits in recent years |
| New Hampshire | 7 years | Yes — does not apply if salary is $20,000+ | N.H. Rev. Stat. § 359-B:5; low threshold limits protection |
| New Mexico | 7 years | No — applies to all salaries | N.M. Stat. Ann. § 56-3-6 |
| New York | 7 years | Yes — does not apply if salary is $25,000+ | N.Y. Gen. Bus. Law § 380-j; threshold is still relatively low |
| Texas | 7 years | Yes — does not apply if salary is $75,000+ | Tex. Bus. & Com. Code § 20.05; matches the federal FCRA threshold |
| Washington | 7 years | No — applies to all salaries | Wash. Rev. Code § 19.182.040; also has strong ban-the-box protections |
The $75,000 Salary Exception
Under the FCRA, the 7-year limit on reporting adverse information does not apply to jobs with an expected annual salary of $75,000 or more. Under the federal FCRA, the 7-year limit on reporting adverse information (including non-conviction arrests) does not apply to jobs with an expected annual salary of $75,000 or more. Some states have their own salary thresholds that are much lower (as low as $20,000), effectively making the time limits meaningless for most positions in those states.
Industries Exempt From Time Limits
Healthcare and nursing
Most states require comprehensive background checks for healthcare workers with no time limit, due to patient safety concerns. This includes nurses, home health aides, and anyone with patient access.
Financial services and banking
FDIC Section 19 prohibits anyone with certain criminal convictions from working at an FDIC-insured institution. Background checks typically go back at least 10 years or have no limit.
Government and law enforcement
Government positions, especially those requiring security clearance, have no time limit on criminal history reporting. The background investigation covers your entire adult life.
Education and childcare
Schools and childcare facilities are typically required to conduct comprehensive checks with no time limit, particularly for sex offenses and crimes against children.
Transportation (DOT-regulated)
DOT-regulated positions (trucking, aviation, transit) may require background checks going back 10 years or more, particularly for drug and alcohol violations.
Insurance
Insurance licensing typically requires disclosure of all criminal convictions regardless of age. Background checks for insurance professionals may have no time limit.
Take Action — Direct Links
- Check your state's background check limits
Detailed state-by-state breakdown of lookback period limits
- Find your state expungement eligibility
Clear your record to remove it from background checks permanently
- Request your FBI rap sheet ($18)
See your complete criminal history as reported to the FBI
- File a dispute with a background check company
CFPB portal to report errors on your background check
- EEOC guidance on criminal records and employment
Federal rules on how employers should use criminal history
Visual Guide
Frequently Asked Questions
- How far back does a background check go?
- Under federal FCRA rules, criminal convictions can be reported indefinitely, while arrests without conviction are limited to 7 years. Twelve states limit conviction reporting to 7 years for employment screening. The actual lookback depends on the state, type of check, salary level, and industry.
- What is the 7-year rule for background checks?
- The 7-year rule comes from the Fair Credit Reporting Act (FCRA). It prohibits consumer reporting agencies from reporting arrests that did not result in conviction after 7 years. It also limits reporting of civil judgments, paid tax liens, and collection accounts to 7 years. However, the federal 7-year rule does NOT apply to criminal convictions, which can be reported indefinitely. Some states have extended the 7-year limit to include convictions.
- Can a felony from 10 years ago show on a background check?
- Yes, in most states. Under federal FCRA rules, felony convictions can be reported indefinitely regardless of age. Only 12 states limit conviction reporting to 7 years for employment purposes: California, Colorado, Kansas, Maryland, Massachusetts, Montana, Nevada, New Hampshire, New Mexico, New York, Texas, and Washington. In all other states, a felony from 10, 20, or even 30 years ago can appear on a background check.
- Does the 7-year rule apply to convictions?
- At the federal level, no. The federal FCRA 7-year rule applies only to non-conviction records (arrests, civil judgments, etc.), not to convictions. However, 12 states have enacted their own laws that extend the 7-year limit to include convictions. Check your state's specific rules.
- What is the $75,000 salary exception?
- Under the FCRA, the 7-year limit on reporting adverse information does not apply to jobs with an expected annual salary of $75,000 or more. If you are applying for a job that pays $75,000 or more per year, the background check can report arrests, convictions, and other adverse information without any time limit, regardless of state law in many cases.
- Do background checks go back further for certain jobs?
- Yes. Healthcare, financial services, government, education, and transportation industries often require longer lookback periods or have no time limit at all. For example, FDIC-insured banks must screen for certain convictions with no time limit, and government security clearance checks cover your entire adult life.
- Can I get old records removed from background checks?
- There are several options: (1) Expungement or sealing removes records from most background checks. (2) If a record is older than the allowed reporting period, you can dispute it with the consumer reporting agency. (3) Some states have automatic record clearing ('Clean Slate') laws. (4) A pardon may also remove a conviction from certain checks. Visit our expungement guide to check your eligibility.
- How far back do apartment background checks go?
- Apartment background checks typically cover 7 to 10 years of criminal history and eviction records, following FCRA guidelines. Credit history generally covers 7 years. However, the lookback period depends on state law — states with 7-year conviction limits apply those limits to tenant screening as well as employment screening.
- Does expungement reset the lookback clock?
- Expungement removes the record from the background check entirely — it does not just reset the clock. Once a record is expunged, it should no longer appear on checks run by consumer reporting agencies. If an expunged record does appear, you can dispute it and the CRA must remove it within 30 days.
- How far back does an FBI background check go?
- An FBI Identity History Summary (rap sheet) has no time limit. It includes every arrest and conviction ever reported to the FBI, going back to the beginning of your adult record. This includes records from all federal, state, and local agencies. FBI checks are fingerprint-based, so they are also more accurate than name-based searches.