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.
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.
Most employment background checks go back 7 years, but the answer depends on the type of check. Here's how each one typically works.
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.
Yes, in 3 situations:
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 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.
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.
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.
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.
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.
Four factors decide how far back a background check goes: federal law, state law, the position's salary, and the type of search.
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.
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 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.
Applying the same look-back period to every candidate in the same role protects your organization in 3 ways.
Even with clear rules, a few things make look-back periods harder to apply in practice.
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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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.
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.
Sometimes. Employment verification only confirms the employers a candidate lists, but records surfaced in other searches can point to unlisted jobs.
Yes. Employment verification can confirm older jobs if the employer still has records, though many employers focus on the last 7 to 10 years.
Yes. Under the FCRA, employers must get a candidate's written consent before running a background check through a background check company.
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.
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.
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.