Are you applying for a job and curious about how far back criminal background checks go for employment?
Wonder no more. Let’s dive into just how far back criminal background checks go.
Well, it depends on the choice of job, the residential state, and, of course, the company running the background check.
Some employers may check records from several years ago, while others only look at recent convictions.
In this article, we’ll walk you through what to expect. We’ll discuss different types of criminal background checks and explain how different jurisdictions handle them.
By the end, you’ll better understand whether or not an employer might be able to uncover your past and how to prepare yourself if they do.
What is a Criminal Background Check?
A criminal background check is a way for employers to learn about the criminal history of potential hires.
It is usually done by running a search using a person’s name and birthdate, which will pull up any records on file. In some cases, employers may use fingerprints to ensure accuracy.
The type of information included in a criminal background check varies from state to state.
It can include any of the following:
- Felonies,
- Misdemeanors,
- Sexual offenses,
- Arrests,
- Convictions,
- Court records from all 50 states plus DC,
- Pending criminal cases (if applicable), and more.
The search may include national crime databases like the FBI’s National Crime Information Center (NCIC).
Generally speaking, the laws in most states limit how much of an applicant’s criminal history can be seen in the background check.
These limits may vary depending on the type of job being applied for and could range from seven years to indefinitely back.
How Far Back Do Criminal Background Checks Go For Employment?
If you’re preparing for a job interview, you may wonder: how far back do criminal background checks go? The answer is that it depends on the employer and the type of job they’re hiring for.
Generally speaking, most employers will look back at your criminal record over the last seven years, especially if you’re applying for a position of trust or authority.
For example, they could request records that have been expunged or sealed. They could also use publicly available records to search for any criminal activity that happened seven years ago.
It’s important to remember that even if your criminal record goes beyond seven years ago, it does not necessarily mean you will be disqualified from employment.
Employers must consider various factors, such as the age and seriousness of your offense(s).
Ultimately, what matters most is how you understand and address any convictions on your record during your job interview.
When Do Criminal Background Checks Occur?
When starting a new job, you might not know when a criminal background check might occur.
Employers can run criminal background checks, but there are limits to how far they can go.
Your employer should be up-front and transparent with their criminal background check policy: if they intend to do one on you, you should find out before accepting a job offer.
What types of Crimes Show Up in a Background Check?
Not all types of crime will show up in a background check; it depends on the type of job and the law in that specific state.
Generally speaking, misdemeanors won’t appear in DLAs unless related to fraud or theft. Criminal checks focus more on felonies such as robbery, assault, and drug possession.
If your employer wants to do a criminal background check on you, they must have your written or electronic consent beforehand.
When conducting these checks, employers must consider all aspects and ensure their policies comply with federal and state laws.
What Information Do Employers See on Criminal Background Checks?
When employers order a criminal background check from a third-party company, what information do they get?
Generally, criminal background checks tell employers about an applicant’s past arrest and conviction history. Depending on the type of job and the state you live in, this may include both felony and misdemeanor convictions.
Some employers might go even deeper, including drug test results and driving records.
It’s important to remember that certain state laws may still limit the scope of a criminal background check.
For instance, some states have laws restricting employers from accessing certain types of information.
The bottom line is that each state has laws and regulations on what employers can search for in criminal background checks.
In most cases, employers can access records that date back at least seven years. However, some states have laws limiting access to records going back only five years or less, so it depends on the state you live in.
In any case, it’s always essential to be honest and upfront with potential employers about your history so they know exactly what to look for in your background check.
What are the Restrictions on Employment Screening?
You might also be wondering about the restrictions on employment screening.
Generally, employers are restricted from looking too far back into their employee’s criminal history when hiring.
Fair Credit Reporting Act
Most employers are subject to the Fair Credit Reporting Act (FCRA), which has several vital regulations regarding how far back they will conduct criminal background checks for employment.
One of these is the automatic 7-year limitation, meaning that most employers can only look back seven years when reviewing an employee’s criminal history.
State Restrictions
What might be even more confusing is that this 7-year limitation may only apply in some states, as some states have more restrictive policies.
For example, under California law, employers can only look back two years when reviewing an employee’s criminal record.
Also, remember that certain jobs may require more extensive background checks than others, such as those involving children or working with money.
The restrictions on what employers can look at when screening potential employees may vary based on the industry and position.
What Constitutes an Acceptable Reason for Denial of Employment Based on a Background Check?
You may wonder what kinds of criminal convictions disqualify you from a job. The answer depends on where you live and the type of job involved.
Generally, if your prospective employer has reason to believe that a conviction is directly related to the position, then it can be used to deny an offer of Employment.
For instance, if you’re applying for a job at an elementary school and are convicted of child abuse, it will likely weigh heavily in the employer’s decision-making process.
Here are some other things employers look at when considering a criminal conviction:
- The severity of the offense
- How long ago the offense occurred
- The circumstances surrounding the offense
- Your post-conviction record (e.g., successful completion of parole)
- Your remorse and acceptance of responsibility for the offense
Everyone deserves second chances, but when it comes to certain positions, employers will not take chances with public safety and will usually hire someone without a criminal background.
Don’t let one mistake keep you from applying for positions! Many employers will consider candidates with past convictions if their post-conviction record has been stellar.
Tips for Job Seekers and Employers During a Background Check
If you’re a job seeker or an employer looking to conduct a criminal background check. First, understand that not all criminal background checks are the same.
Depending on the type of job and what industry you’re in, you might be performing more intensive checks than others.
Here are some tips to use:
Job seeker tips:
- Make sure your records are up-to-date, accurate, and complete.
- Be prepared to answer questions about any arrest charges or convictions on your record.
- Be honest when answering questions about your past, as many employers will ask for additional information if they detect inconsistencies in your responses.
Employer tips:
- Understand state and federal laws regarding background checks for potential employees.
- When performing criminal background checks, use reliable sources and follow all applicable laws for that particular jurisdiction.
- Once the background check is complete, consider whether the findings are job-related or create an unfair barrier for some applicants due to their personal histories.
Conclusion
How far back criminal background checks go for employment depends on several factors, including the law in your state, the type of job you’re applying for, and even the employer’s policies.
Even though you may be eligible to have certain convictions removed from your record, preparing yourself for a criminal background check is essential.
That way, you can know what to expect and be ready to discuss any convictions you may have.
You can also discover what a potential employer will discover about your past. It’s important to remember that there is no “one size fits all” answer to how far back background checks go.
The best way to be prepared is to be aware of your past and know how it may affect your future job prospects.
