How Far Does a Criminal Background Check Go In 2022?

Wondering how far does a criminal background check go? Keep Reading!

Criminal background checks are often an integral part of the hiring process, especially if the hiring company is one of the regulated industries or works to serve the most vulnerable populations, including the elderly and children. 

The exact length of the criminal background lookback period is a common concern among job seekers regarding pre-employment vetting.

The answer to this question depends on several factors, such as the position and party in question, the salary they will earn, and the industry regulations at play.

In this article, we will discuss how far back a criminal background check can go into a person’s history and what laws and regulations employers must follow while conducting criminal background checks. Let’s get started!

How Far Does a Criminal Background Check
How Far Does a Criminal Background Check

What is a Criminal Background Check? 

Before hiring any candidate, employers conduct criminal background checks to gather the candidate’s criminal record from municipal, state, county, and federal criminal records for any felony criminal convictions, misdemeanor criminal convictions, arrests, pending criminal charges, and active warrants, and infractions.

A comprehensive criminal background check helps employers make a well-informed decision about the candidate and eliminate the risks of bringing someone with a criminal record on board. 

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How Far Does It Go? 

How far does a Criminal Background Check go?
How far does a Criminal Background Check go?

There are no federal limitations on how far back a criminal background check may go, and it is possible to conduct a criminal background check that goes back decades.

However, companies don’t usually look that far back and make a hiring decision based on the crime committed decades ago, especially if the act committed was a low-level misdemeanor. 

Typically, criminal background checks cover 7-years of criminal and court records on a candidate but can go far back into a person’s history if the records are accessible and legally reportable. 

A few key variables that may affect how far criminal background checks may go include:

  • Type of the job 
  • The population they will serve (financial, public, children)
  • The salary they will get 
  • State, federal, and local laws or other jurisdictions
  • Industry regulations 

Fair Credit Reporting Act (FCRA) Regulations Regarding Criminal Background Check

The FCRA has specific guidelines about how far back an employer can look into the criminal background check of an employer.

It generally restricts the Consumer Reporting Agency (CRA) from reporting the following details: 

  • Arrest records, lawsuits, and judgments in Civil court older than 7-years. 
  • Any collections that are past the 7-year mark
  • Bankruptcies older than 10-years
  • Tax liens that were paid past the 7-years threshold 
  • Adverse data besides convictions that exceed the 7-year limit. 

Moreover, the employer must obtain proper authorization from the candidate before initiating the background check process.

The authorization form must be in the form of a stand-alone document, separate from the job application, and should not include any employment agreement to force employees to release any claims. 

Before taking the final verdict, as a result of a background check, including hiring or firing the employee, the employer will have to provide a copy of the background check or credit report. 


Conclusion

We hope you found this article on how far does a Criminal Background Check go useful.

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