Before you run a background check, you need to know what it will and won't show. How far back a check goes depends on federal law, state law, the role you're hiring for, and the type of search. This guide breaks down the look-back period for each type of employment background check, the exceptions to the 7-year rule, and how to set a policy that keeps your hiring consistent and compliant.
What Is a Background Check Look-Back Period?
A look-back period is how many years of a candidate's history a background check covers. For most employment background checks, that's 7 years.
The limit comes from the Fair Credit Reporting Act (FCRA), which restricts how long background check companies can report certain records. State laws can narrow it further. The type of check matters too: a criminal record search, an employment verification, and a credit check each follow different rules.
How Many Years Does an Employment Background Check Go Back?
Most employment background checks go back 7 years, but the answer depends on the type of check. Here's how each one typically works.
Criminal History: The 7-Year Rule and Its Exceptions
Under the FCRA, arrests that didn't lead to a conviction can't be reported after 7 years. Criminal convictions are different. Federal law sets no time limit on reporting them, so a conviction from 15 years ago can legally appear on a criminal background check.
That's why the difference between arrests and convictions matters so much when you review a report. An arrest is an accusation. A conviction is a finding of guilt, whether for a misdemeanor or a felony.
Can a Background Check Go Back Further Than Seven Years?
Yes, in 3 situations:
- Convictions: federal law allows them to be reported indefinitely, unless a state law limits them.
- Higher-paying roles: the FCRA's 7-year limits don't apply to positions with an expected salary of $75,000 or more.
- Regulated positions: some roles, such as those in healthcare, education, or finance, require FBI fingerprint checks under separate laws, and those searches follow their own rules.
Employment History Verification
Employment verification confirms where a candidate worked, their job titles, and their employment dates. Employers typically verify the last 7 to 10 years or the candidate's most recent few employers. Older employers can be harder to verify because companies close, merge, or purge their records. For more detail, read Does a Background Check Show Employment History?
Education Verification
Education verification confirms degrees, diplomas, and attendance dates. There's no fixed look-back here: a degree earned 20 years ago can still be verified, because the FCRA's time limits apply to negative information, not to confirming credentials.
Credit History and Bankruptcy Checks
Employment credit checks generally show up to 7 years of negative items, such as late payments and accounts sent to collections. Bankruptcies can be reported for up to 10 years.
Employers see a modified credit report, typically without a credit score, and need the candidate's written consent first. Several states and cities also restrict when employers can use credit history in hiring decisions.
Driving Records
Motor vehicle record (MVR) checks usually go back 3 to 10 years, depending on the state. Each state's DMV sets how long violations, suspensions, and accidents stay on a driver's record.
Professional License Verification
License verification confirms that a license is valid and active, and checks for disciplinary actions. Licensing boards keep these records for the life of the license, so there's no standard look-back period.
How Far Back Does a Bchex Background Check Go?
Bchex searches a minimum of 7 years on every check. Because we draw on a large volume of electronic records, we can often report further back than that. Where electronic data isn’t available, we rely on court runners, who typically search back 7 to 10 years. In every case, we follow the FCRA and any state restrictions on how far back a record can be reported.
See what's included in a Bchex background check.
What Determines How Far Back a Check Can Go
Four factors decide how far back a background check goes: federal law, state law, the position's salary, and the type of search.
Federal Law: The FCRA
The FCRA sets the baseline for every employer that uses a background check company. It limits most non-conviction records to 7 years, bankruptcies to 10 years, and lifts those limits for positions paying $75,000 or more.
The FCRA also controls the background check process itself. Employers need written consent before running a check. Before taking adverse action, they must give the candidate a copy of the report and a chance to dispute it. Our FCRA compliance guide covers each step.
How State Laws Change the Look-Back Period
Federal law sets the baseline, and a handful of states with grandfathered laws impose stricter look-back limits. California is the best-known example: its Civil Code generally limits reporting criminal convictions to 7 years, closing the gap federal law leaves open. Other states set similar limits on convictions, some tied to salary thresholds, and many states and cities have ban-the-box rules that control when you can ask about criminal history at all.
If a candidate has ties to more than one state, such as living in one and working in another, more than one state’s rules may apply. The most cautious approach is to follow the strictest of them for that candidate.
The Type of Search
The type of search you run determines what it can find. County criminal searches check courthouse records directly and are the most reliable source for convictions. National databases cover more ground but can be incomplete or out of date, so results should be verified at the source before you rely on them.
Benefits of a Consistent Look-Back Policy
Applying the same look-back period to every candidate in the same role protects your organization in 3 ways.
- Fairer hiring decisions. The Equal Employment Opportunity Commission (EEOC) expects employers to consider how much time has passed since an offense. A consistent window builds that into your process.
- Lower legal risk. Treating candidates differently for the same role invites discrimination claims. A written policy is your record of a consistent standard. Our background check best practices guide covers how to build one.
- Easier multi-state compliance. A default 7-year window keeps most of your checks inside the strictest state limits without a separate rule for each location.
Challenges of Background Check Look-Back Periods
Even with clear rules, a few things make look-back periods harder to apply in practice.
- State laws vary. A check that's compliant in one state may not be in another, especially for convictions older than 7 years.
- County records are uneven. Some courts digitize decades of records, while others have gaps or require in-person searches, which can affect how long a background check takes.
- Expunged and sealed records. These shouldn't appear on a report, but outdated databases sometimes still carry them. Verifying records at the source prevents this.
- Name changes and aliases. A candidate's older records may sit under a previous name, which is why an alias search matters. An address history trace helps surface the names and locations to search.
- Old employers can't always be reached. Companies close or merge, which can leave gaps in employment verification for older jobs.
Conclusion
Most employment background checks go back 7 years, but convictions, higher-paying roles, regulated positions, and state laws can all change that. The safest approach is a consistent look-back policy that follows the strictest law that applies to each hire.
Bchex searches a minimum of 7 years on every check, and often reports further back where electronic records are available, always following the FCRA and state restrictions. And because a background check only covers the past, continuous monitoring can help you stay informed after the hire.
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FAQ
Does the 7-Year Rule Apply to Every Background Check?
No. Federal law lets convictions be reported indefinitely, and the FCRA's 7-year limits don't apply to positions paying $75,000 or more. Some states add stricter limits on top of federal law.
How Far Back Does an Employment Credit Check Go?
Up to 7 years for most negative items, like late payments and collections, and up to 10 years for bankruptcies. Employers need the candidate's written consent first.
Can a Background Check Reveal Jobs a Candidate Left Off Their Résumé?
Sometimes. Employment verification only confirms the employers a candidate lists, but records surfaced in other searches can point to unlisted jobs.
Can Employers See a Job From 10 Years Ago?
Yes. Employment verification can confirm older jobs if the employer still has records, though many employers focus on the last 7 to 10 years.
Do Employers Need Permission to Run a Background Check?
Yes. Under the FCRA, employers must get a candidate's written consent before running a background check through a background check company.
Do Expunged Records Show Up on a Background Check?
They shouldn't. Expunged and sealed records are generally not reportable, but outdated databases can still carry them, which is why records should be verified at the source.
Will a Felony From 10 Years Ago Appear on a Background Check?
It can. Federal law sets no time limit on reporting convictions, but some states cap them at 7 years, and some employers choose a 7-year look-back by policy.
Which States Limit How Far Back a Background Check Can Go?
Several, including California, which generally caps reporting convictions at 7 years. Other states set limits tied to salary, so check the rules in every state where you hire.