How Far Back Do Criminal Background Checks Go? The agencies argue that the adverse event in this case is the charge—not the subsequent dismissal of the charge: “the dismissal is not an adverse item that starts its own seven-year reporting period.
The amendment moved “records of arrest” to paragraph (a)(2), which now limits the reporting of “[c]ivil suits, civil judgment, and records of arrest” to seven years “from date of entry,” 15 U.S.C.§ 1681c(a)(2). In addition, we provide regular updates on state legislation.
That’s a question best left up to your legal counsel.
If you want to consider records of arrest resulting in dismissals and other non-conviction type records, you should check with your background screening provider to see how the time is being calculated, and take into consideration state law restrictions. This brief certainly shows which way the wind is blowing with the CFPB and the FTC, and may lead to future rule-making on this subject.
Times vary significantly based on the types of searches conducted and the company that provides them.
It is important to know that while the FCRA does not restrict performing a background check after a job offer is made, some state laws may do so. The use of older convictions may not pass the scrutiny of the Equal Employment Opportunity Commission (EEOC) for being job related and consistent with business necessity. Then, our enhanced nationwide criminal records search pulls data from millions of records.
That question is best answered by your legal counsel. At the heart of the issue is the FCRA provision dealing with obsolete information that limits how far back a consumer reporting agency (CRA) can report adverse information in a background check. Whether you're looking for background check services or want to chat through complex compliance issues — we're here to help. Criminal convictions may be reported indefinitely, regardless of salary level, unless state and local fair-hiring and ban-the-box laws in the state where the candidate resides restricts disclosure of convictions that are older than seven years, or in some cases, older than 10 years (see table for details). The EEOC guidelines state that an employer must consider the amount of time that has passed since the offense was committed when deciding whether to use the information in an employment decision. Depending on the complexity of the screening, the cost for such a check can range from under $50 to several hundreds of dollars. Many employers choose to supplement this standard background check with searches of various databases, including the sex offender registry, government sanctions lists, motor vehicle records, and others. For example, will the candidate handle cash transactions or manage cash assets? Sterling delivers the most robust, accurate criminal record background checks available. The report in this case, made in 2010, listed (among other items) a misdemeanor drug charge from 2000 that was dismissed in 2004. If it’s not restricted by your state’s laws, we recognize it as a best practice to make a job offer prior to initiating a background check.