How Far Back Do Background Checks Go?
If you’re using background checks to screen for candidates, you might be wondering how far back you need to look.
The answer is not necessarily a straightforward one. It depends on the type of background check as well as relevant state laws.
FCRA Restrictions
There are some restrictions on what consumer reporting agencies are allowed to report as part of a background check, per regulations established by the Fair Credit Reporting Act (FCRA).
For example, the FCRA excludes reporting on any judgments, arrest records, or civil suits that are over seven years old. Reports of traffic convictions and violations are also confined to the last seven years only. Collection accounts and tax liens that are more than seven years old are similarly restricted. However, these restrictions do not apply to criminal convictions.
FCRA requirements are a bit of a moving target, since they have been amended or revised many times. In addition, various counties and municipalities may have their own restrictions on top of those listed here. For this reason, it’s critical for employers to keep up with best practice when conducting background checks.
Factors Affecting How Far Back You Can Look
In general, all criminal records can be reported indefinitely, with no limit to the lookback period. However, this may not be the case in certain states or cities which maintain ban-the-box or other fair-hiring laws. In these cases, while convictions older than seven years old will not appear on reports, most local and state courts do make information on criminal history available to anyone who wants to search the court records without any restrictions.
The type of crime may also impact the length of the lookback period. Unless there are additional restrictions, felony records may be reported indefinitely, as is the case with most minor crimes and misdemeanors. Professional licensing (including suspensions) can be traced over a lifetime. But motor vehicle violations are limited to a lookback period of three-to-ten years, depending on the state. Employee background checks typically cover the last seven years, and include any relevant court records.
How Far Back a Typical Background Check Goes
As you have seen, the normal lookback period for most types of background checks is seven years; but there are exceptions.
In cases where there are no limitations or restrictions on the lookback period, it is then up to individual companies to set policies which determine how far back they want to look at felony and misdemeanor records. Academic and professional history (including licensing) and employment verification do not have any time restrictions either, so again, it is up to the company to decide on the length of time that seems appropriate.
Another important consideration is the type of job for which you are hiring. For example, for positions which entail access to sensitive financial information, or those which require working with children or the elderly, certain municipalities and states may allow a longer lookback period.
Besides that, there are certain states like California in which even the reporting of criminal records are limited to seven years.
Fortunately, you do not have to navigate these complex and various time restrictions on your own. Here at Veriswift, we have the knowledge needed to use a lookback period that works best for your company’s background checks.
Contact us today.