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How Far Back Does a Background Check Go?

The 7-year rule, state-specific limits, and what employers can legally look back on when screening candidates for employment.

The FCRA's 7-Year Rule

Under the Fair Credit Reporting Act, most negative information — including non-conviction criminal records, civil judgments, and paid tax liens — cannot be reported after 7 years. However, this rule has a significant exception.

Convictions have no federal lookback limit. The FCRA does not restrict how far back felony and misdemeanor convictions can be reported. A conviction from 20 years ago can legally appear on a background check.

Exceptions to the 7-Year Rule

The FCRA does carve out an exception even for the 7-year limit on non-conviction records: if the position pays $75,000 or more annually, there is no 7-year lookback restriction. All records, regardless of age, can be reported.

State Laws Are Often Stricter

Many states impose their own lookback restrictions that are more protective than the FCRA:

  • California: Criminal convictions cannot be reported after 7 years from the date of conviction or release from prison, whichever is later. Applies regardless of salary.
  • New York: Felony convictions beyond 7 years and misdemeanor convictions beyond 5 years generally cannot be considered.
  • Massachusetts: Criminal records older than 3 years (for most misdemeanors) cannot be considered for employment.
  • Texas: Follows the FCRA with no additional state restrictions on lookback periods.
  • Pennsylvania: Has its own restrictions under the Criminal History Record Information Act (CHRIA).

If you hire in multiple states, your screening program must comply with the most restrictive applicable law for each candidate.

Employment History

There is no legal limit on how far back employment history can be verified, but standard practice is 7–10 years. Most employers look back far enough to cover recent relevant experience.

What This Means for Employers

  1. Work with a screening provider who understands both federal and state lookback requirements
  2. Build your screening policy around the states where you hire, not just your home state
  3. Train hiring managers on what information they can and cannot consider
  4. Document your screening policy so it is applied consistently across all candidates

At Do It Right Screening, we configure your reports to comply with the applicable lookback laws in each state where you hire. Contact us to make sure your current process is compliant.