How Far Back Does a Criminal Background Check Go?

Cindy Ellis - January 27, 2023

Criminal background checks are often confusing and anxiety-inducing to many individuals, even if you know that you don’t have a criminal record. It’s important to stay informed about your personal record, and what others might be able to view on your background report if you want to apply to jobs and other opportunities confidently.

Our article helps you to answer the question about how far back a criminal background check will look, what might be included on your criminal background check report, and varying laws that might impact the disclosure length of your criminal background report.

Who Might Perform a Criminal Background Check?

Criminal background checks are typically performed as part of the pre-employment hiring process to evaluate whether or not someone is a good fit for an opportunity or specific job role.

Potential employers review criminal background checks to ensure that an individual will fit in with their company culture, that there are no red flags (such as multiple DUI convictions for a job that operates machinery or vehicles), and that the person will not interfere with the safety and comfort of their workplace, something that is part of an employer’s due diligence when hiring new employees.

Other reasons a criminal background check might be performed are when your eligibility for certain promotions needs to be evaluated, you’ve applied for opportunities that work with vulnerable populations, or you are applying for certain licensing and professional programs that require criminal background checks before enrollment.

Keep in mind that almost every person who wants to view your criminal background check report will need to inform you of this. You will most likely need to authorize the review of your report, and most states will also require that the person pulling the report tells you what they are looking at specifically. Make sure to research disclosure and authorization requirements in your specific state regarding criminal background checks so you can stay informed of this.

What’s Included in a Criminal Background Check?

A criminal background check includes important criminal history items such as misdemeanors, felonies, certain traffic violations, convictions, and sometimes civil cases and arrest records.

Different states allow different disclosure of criminal offenses, and there are varying laws about which criminal convictions or offenses, and how much detail is included, are allowed to be on your criminal background check report.

It’s important to note that any records that are sealed due to them occurring when the individual was a juvenile or records that have been expunged will not be viewable on your criminal background check report in any state by an employer or other unauthorized individual. When a record is expunged, it is hidden from public record indefinitely.

Disclosure Length for Criminal Background Checks

Because states have such varying laws, it’s difficult to give an exact number for how long every type of criminal or civil offense will be visible on your criminal background check record. Most states allow reporting of criminal offenses up to seven years after the date it occurred, while other states allow up to ten years of reporting. Credit and bankruptcy history reports also typically range between this seven to ten year window.

Items on a criminal background check report such as felonies, violent crimes, or serious convictions are usually kept on your criminal background check report indefinitely, but again, this depends on specific state disclosure laws.

If you want to figure out what your state’s specific laws are surrounding disclosure length for criminal background checks, you should search for ‘lookback restrictions’ on background checks in your state in addition to the general length of time your state allows criminal items to be displayed on a background check report for.

Does a Criminal Record Stop You From Being Hired?

While many individuals assume that having a criminal record or offenses visible on their criminal background check makes them ineligible for most opportunities, this may not be the truth. Many states are working to ensure fair hiring processes for those with criminal records, and certain offenses may not matter much to employers depending on the job and company that you are hoping to work with.

The best thing to do is be upfront about items that might be noticeable on your criminal history report and don’t limit your own application opportunities – you might be surprised by how often employers are willing to hire those who might have criminal offenses on their background history report.

What Are Ban the Box Laws?

Ban the box laws are a set of laws that work to counteract the automatic denial of anyone with a criminal record, no matter how long ago or what type of offense was committed. These laws aim to encourage a more holistic review of criminal records and encourage fair hiring practices for those with criminal offenses on their background reports.

You can review a list of states that have some kind of ban-the-box law or other fair hiring laws regarding those with criminal offenses here.

Staying Informed of Your Criminal Record

When it comes to your criminal record and background check reporting, the best thing you can do is stay informed of your own criminal history and what others might see when they check your background report.

The best way to do that is to run a background check search on yourself and review your report; this will help you identify any potential problem areas that might need to be disclosed to employers and locate incorrect information that needs to be changed. The background check search tool on Information.com is a simple way to complete this process.

Additionally, once you’ve determined if criminal offenses are on your report, you can look at the date and figure out if this item is still being disclosed to individuals that request a review of your background history. Make sure to double-check with your state’s specific laws on criminal background check reporting so you know exactly what someone might see when they request a copy of your report.