How Far Back do Employment Background Checks Go?

Companies requesting employment background checks might wonder how far back the reports might go.

Since pre-employment screens typically include several types of reports, how far back background checks go for employment can vary.

Here’s important information about the factors that affect the time frames covered by background checks and what employers can expect.

How Far Back Do Background Checks Go?

Background checks have varying time frames based on the purposes for which they are requested as well as the applicable state and federal laws.

Let’s take a look at how far back the most common types of employment background checks typically go.

How Far Back Do Criminal Background Checks for Employment Go?

Criminal background checks for employment might go back for seven or 10 years in most states. A few states allow for unlimited reporting of conviction records.

Ten states have enacted clean slate laws that provide automatic record sealing or expungement that might affect these lookback periods as detailed further in the article.

Many states have expungement laws that allow people with certain types of records to petition for expungement.

If an expungement petition is approved, expunged criminal records can’t be reported.

States With Seven-Year Lookback Periods for Criminal Records

The following states have seven-year lookback restrictions for the reporting of convictions with certain exceptions as noted below:

California

Under Cal. Civ. Code 1786.18(a)(7), California mandates that a conviction can’t be reported when it’s older than seven years.

Arrests that didn’t lead to convictions can’t be reported regardless of how much time has elapsed. However, pending criminal cases can be reported.

California is one of the 10 states that have passed a clean slate law as discussed further below.

Hawaii

Under HRS §378-2.5 (a)-(d), felony convictions have a lookback period of seven years in Hawaii.

Misdemeanor convictions that are older than five years can’t be reported. Non-conviction criminal records can’t be reported regardless of age.

The following employers are exempt from this law:

• K-12 schools and daycares for jobs that will have direct contact with children
• Healthcare employers for positions involving direct contact with patients
• Employers in the caring professions for jobs involving direct client contact
• Law enforcement
• State agencies
• FDIC-insured financial institutions
• Security guard and detective agencies
• Regulated airport screening agencies
• Insurance companies
• Public libraries

Kansas

In Kansas, conviction records can’t be reported if they are seven or more years old under KSA 50-704.

However, there is an exception for jobs offering annual salaries of $20,000 or more.

Maryland

Under Md. Code, Com. § 14-1203, Maryland restricts the reporting of conviction records when they are seven years or older.

However, this law doesn’t apply to positions paying salaries of $20,000 or more.

Massachusetts

Under M.G.L. ch. 93, § 52(5), Massachusetts restricts the reporting of criminal convictions older than seven years.

Non-conviction records can’t be reported on criminal background checks for employment regardless of age.

Montana

Under MCA 31-3-112, Montana restricts the reporting of convictions older than seven years on criminal background checks for employment.

Non-conviction records can’t be reported regardless of age.

New Hampshire

Under N.H. Rev. Stat. § 359-B:5, New Hampshire restricts the reporting of conviction records older than seven years.

However, the state excludes any job for which the annual salary will be $20,000 or more.

New Mexico

Under N.M. Stat. § 56-3-6, New Mexico restricts the reporting of convictions older than seven years.

Non-conviction records can’t be reported on criminal background checks for employment.

New York

Under NY Gen. Bus. L. § 380-J, New York prohibits the reporting of conviction records older than seven years.

New York excludes jobs paying annual salaries of $25,000 or more from the seven-year lookback period, which means that virtually all jobs fall outside of it.

Washington State

Under RCW 19.182.040, Washington State restricts the reporting of convictions older than seven years.

The state excludes jobs offering annual salaries of $20,000 or more, which means the restrictions don’t apply to most positions offered in the state.

States With 10-Year Lookback Periods for Criminal Records

The remaining states have a 10-year lookback period or allow the reporting of criminal conviction records indefinitely.

As noted below, several states have passed clean slate laws that can affect how far back certain types of criminal records can be reported regardless of the state’s lookback period.

Clean Slate Law States and Criminal History Lookback Periods

To date, the following 10 states have passed clean slate laws:

• California
• Colorado
• Connecticut
• Delaware
• Michigan
• New Jersey
• Oklahoma
• Pennsylvania
• Utah
• Virginia

These laws automatically seal or expunge certain types of criminal records after a set period.

In states with these laws, the general lookback periods won’t apply to sealed or expunged records but will cover those that do not qualify for sealing.

Here’s a look at the states with current clean slate laws and how they might impact how far back a criminal history search for employment can go.

California

Gov. Gavin Newsom signed SB 731 into law on Sept. 29, 2022. This law will be effective on July 1, 2023.

Under California’s new law, most convictions will be automatically sealed once an individual has completed their sentence and it’s been four years since having any interaction with the criminal justice system.

This law will include the sealing of most felony convictions, misdemeanors, and arrests not resulting in convictions.

However, there are some exceptions to this law, including:

• Convictions requiring sex offender registration
• Criminal records for those undergoing background checks for jobs in education
• Serious felony offenses
• Crimes of violence

People with old convictions for more serious felonies can petition a court to request record sealing, but it won’t be automatic.

For non-violent, non-serious, or drug-related offenses, record-sealing will be automatic once the person has completed their sentence and paid any restitution.

Colorado

In Colorado, Gov. Jared Polis signed SB 22-109 into law on June 1, 2022. This law provides for the automatic expungement of arrests that didn’t result in convictions.

It also provides for the automatic sealing of infractions after four years, misdemeanors after five years, and qualifying felonies after 10 years following the completion of the individual’s sentence, including the payment of restitution and fines.

Colorado’s Clean Slate Act excludes convictions that fall under the state’s Crime Victims Rights Act, including murder, robbery, sexual offenses, and others.

The Colorado Clean Slate Act will be effective on Jan. 1, 2024.

Connecticut

Connecticut passed two clean slate laws, including one for cannabis erasure and a second for certain other types of criminal convictions.

The Cannabis Erasure law became effective on Jan. 1, 2023, and provides for the automatic erasure of convictions for possession of cannabis, possession with intent to sell cannabis of fewer than four ounces or up to six plants, and possession of drug paraphernalia used for cannabis.

The Clean Slate program’s effective date is yet to be determined but will begin once the state’s technology is updated to automatically erase qualifying convictions after seven years for misdemeanors or 10 years for qualifying felonies.

Eligible convictions that will be automatically sealed once the technology is completed include:

• Most misdemeanor convictions after seven years
• Most class D, E, and unclassified felonies with prison sentences of up to five years once 10 years have elapsed since sentence completion

People whose convictions predate Jan. 1, 2000, will have to petition the court to have their records sealed.

The following types of offenses are ineligible for sealing and can be reported once the law becomes effective:

• Sex offenses, including non-violent sex offenses
• Family violence crimes
• Third-degree class A misdemeanor assault of an elderly, disabled, blind, or pregnant person
• Second-degree class D felony assault of an elderly, disabled, blind, or pregnant person
• Second-degree class D felony assault with a firearm
• Class A misdemeanor abuse of the elderly, disabled, or blind
• Any offense requiring sex offender registration
• Serious felonies and crimes of violence

Violations of the Clean Slate Act will be classified as forms of employment discrimination.

Delaware

In Delaware, Gov. John Carney signed SB 111 and SB 112 into law on Nov. 8, 2021.

These laws expanded individuals’ access to the expungement of eligible criminal records as of Jan. 1, 2022, and provide for automatic expungement of qualifying records beginning on Aug. 1, 2024.

Beginning on Aug. 1, 2024, the following types of felony convictions will be automatically expunged:

• Drug possession crimes (after five years)
• Other types of drug crimes (after 10 years)
• Dealing in counterfeit controlled drugs (after 10 years)
• Possession of burglary tool (after 10 years)
• Second-degree forgery (after 10 years)
• Unauthorized use of a debit or credit card (after 10 years)

The following types of convictions will be ineligible for expungement:

• DUIs
• Domestic violence crimes
• Most felonies other than those listed above
• Sex offenses and violent crimes

Michigan

In Michigan, Public Act 193 of 2020 was approved by Gov. Gretchen Whitmer on Oct. 13, 2020, and was effective on April 11, 2021.

This clean slate package also included the implementation of an automatic record set-aside program that was effective on April 11, 2023.

The Michigan State Police notify the courts each day of all eligible convictions that have been set aside in the state’s criminal repository. Those records can’t be reported or used by employers to make hiring decisions.

The following types of convictions will be automatically set aside:

• Misdemeanors punishable by up to 92 days in jail without a limit – seven years
• Misdemeanors punishable by 93 or more days in jail with a limit of four convictions – seven years
• Eligible felonies with a limit of two convictions – 10 years

The following types of offenses are not eligible for an automatic set-aside:

• Assaultive offenses
• Crimes of dishonesty
• Serious misdemeanors
• Sex offenses
• Violent crimes
• Human trafficking offenses
• DUIs, vehicular manslaughter, and CDL violations

New Jersey

In New Jersey, Gov. Phil Murphy signed A5981/S4154 into law on Oct. 18, 2019, which initiated significant reforms to the state’s expungement laws.

This law allows eligible individuals to petition the court to have their entire criminal records expunged once 10 years have elapsed since their most recent convictions.

Additionally, the following types of marijuana-related convictions are eligible for immediate expungement:

• Possession with intent to distribute small amounts of marijuana or hashish, including within 1,000 feet of a school
• Possessing marijuana or hashish
• Possession of drug paraphernalia to use marijuana or hashish

Oklahoma

In Oklahoma, Gov. Kevin Stitt signed HB 3316 into law on May 2, 2022.

Under this law, expungement-eligible offenses were expanded as of Nov. 1, 2022, and certain offenses will qualify for automatic expungement beginning on Nov. 1, 2025.

The following will be eligible for automatic expungement:

• Non-conviction records/arrests not leading to convictions
• Misdemeanor convictions after one year

Felonies that are eligible for expungement won’t be eligible for automatic expungement. Instead, individuals can petition the court to request the expungement of the following:

• Non-violent, non-sex offense felony crimes (up to two) 10 years after sentence completion
• Pardoned felonies
• Felony convictions that have since been reclassified as misdemeanors 30 days after sentence completion
• Single, non-violent felony five years after sentence completion

Violent crimes and sex offenses are not eligible for expungement in Oklahoma.

Pennsylvania

in Pennsylvania, the clean slate law has been effective since June 28, 2019, and provides for the automatic sealing of certain types of criminal records.

This law automatically expunges the following types of convictions that are 10 or more years old:

• Simple assaults
• Summary offenses
• Non-violent misdemeanor convictions

Utah

Former Utah Gov. Gary Herbert signed Utah’s Clean Slate law on March 28, 2019. This law allows the automatic expungement of the following types of criminal records:

• Misdemeanor possession of a controlled substance after seven years
• Class B misdemeanor convictions after six years
• Class C misdemeanor convictions after five years
• Infractions after five years

Eligible individuals will have these records automatically expunged as long as they do not have any pending criminal cases.

Virginia

Virginia passed a clean slate law under which the state will automatically seal the following types of records beginning on Oct. 1, 2025, if seven years have passed since sentence completion:

• Misdemeanor minor in possession of alcohol
• Petty larceny
• Misdemeanor trespass
• Misdemeanor possession of marijuana
• Misdemeanor possession of marijuana with the intent to distribute
• Disorderly conduct

This law also allows individuals with the following convictions to petition the court for expungement, but they won’t be eligible for automatic expungement:

• Felony larceny
• Class 5 felonies
• Class 6 felonies

Certain convictions are ineligible for expungement, including DUIs, Domestic assault and battery, DUI manslaughter, DUI maiming, and Class 1 to 4 felonies.

How Far Back Do Employment Verification Reports Go?

Employment verification isn’t restricted by the FCRA or most state laws.

However, most employers want to know about a candidate’s recent employment history rather than jobs they held years ago.

How far back an employment history search might go will depend on the position, industry, and the requesting employer’s needs.

Typically, employers request five to seven years of employment history, but some might ask for a more extensive search for candidates being considered for positions of authority and those whose jobs will involve working with vulnerable people.

How Far Back Do Education Verification Reports Go?

Like an applicant’s employment history, education verification is not restricted by federal or state laws.

Employers are free to ask for information about a candidate’s entire educational history.

However, most employers ask for information about the applicant’s highest earned degree rather than asking for searches back to high school.

How Far Back Do MVR and Driving Records Checks Go?

How far back MVR checks might go varies based on the state.

Some states report information about the individual’s most recent three years while others might go back from five to seven years.

How Far Back Do Credit Checks Go?

How far back a credit check for employment might go depends on the FCRA and state law.

The FCRA restricts credit information that is older than seven years for jobs paying less than $75,000 per year about an applicant’s paid tax liens, Chapter 13 bankruptcies, civil lawsuits, or civil judgments.

Some states have laws prohibiting credit checks for employment other than for jobs within the financial services industry and those involving access to money.

In those states, credit history searches can’t be performed for most types of jobs.

How Far Back Do Federal Background Checks Go?

Federal background checks are searches of the federal courts by reviewing the Public Access to Court Electronic Records (PACER) database.

Searches for federal criminal records must comply with the same restrictions as other types of criminal background checks, including the FCRA and state-specific laws.

Best Practices for Conducting Background Checks

1. Implement and Follow a Compliant Background Check Policy

If your company wants to conduct pre-employment background checks, you should draft and implement a background check policy that complies with the FCRA and state-specific laws.

Your HR staff should be thoroughly trained in how to conduct background checks and what to do when adverse information is revealed.

2. Notify Applicants and Obtain Consent

You must notify applicants that your company conducts background checks in writing and obtain written consent before you can complete them.

If an applicant refuses to consent to a background check, you can withdraw a conditional job offer.

3. Wait Until Later to Conduct Background Checks

Many states and localities have enacted ban-the-box laws that restrict when in the hiring process criminal background checks can be conducted.

Some of the ban-the-box jurisdictions mandate waiting to inquire about criminal history until after a candidate has been interviewed or when they have received a conditional employment offer.

You’ll need to check with legal counsel to learn about any ban-the-box law where you operate.

4. Individually Assess Criminal Records as They Relate to the Job

Title VII of the Civil Rights Act of 1964 forbids employment discrimination based on the protected characteristics of applicants and employees.

The Equal Employment Opportunity Commission (EEOC) has released guidance for employers on what they should do when a background check report reveals a candidate’s criminal record.

Employers should individually assess the conviction as it relates to the job’s duties before deciding not to hire the applicant.

5. Complete the Adverse Action Steps for Negative Information

If a background check reveals negative information about a candidate, you must complete the FCRA’s adverse action steps before making a final decision not to hire the applicant.

Send a pre-adverse action notice to the candidate that identifies the problematic report and give them five business days to respond with evidence the information is erroneous or of mitigation.

If you still don’t want to hire the applicant, send a final adverse action notice with a copy of the candidate’s rights under the FCRA and state laws.

iprospectcheck: Your Source for Comprehensive Employment Background Checks

How far back various components of a pre-employment background check might go depends on the law, your industry, and your needs.

When you partner with a reliable company like iprospectcheck, you can feel confident that the reports you receive are comprehensive, current, and FCRA-compliant.

Contact us today to learn about our background screening services or to receive a free quote: (888) 509-1979

DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.