How far back do employment background checks go?
Federal law sets one limit, state law often sets a stricter one, and the two are routinely confused. Here is the actual rule, the exception most employers miss, and what each state adds on top.
The short answer
- Criminal convictions
- No federal time limit — reportable indefinitely under the FCRA. Some states cap this at seven years.
- Non-conviction records (arrests without conviction)
- Seven years from the date of entry, under 15 U.S.C. § 1681c.
- Civil judgments, paid tax liens, collections
- Seven years. Bankruptcies: ten years.
- $75,000 salary exception
- The federal seven-year limits do not apply where the position pays $75,000 or more per year. State limits may still apply — this exception is not universal.
- Sealed or expunged records
- Not reportable. A screening provider must have procedures to keep them out of the report.
Where federal and state law disagree, follow whichever is more protective of the applicant.
Background check lookback limits by state
Each row links to the full state guide, which covers ban-the-box scope, salary history, expungement, and local ordinances.
Read these as summaries, not rules. Reporting limits generally restrict what a consumer reporting agency may include in a report rather than what an employer may consider; many state laws apply only to certain employers, employer sizes, or public agencies; and convictions, non-convictions, sealed records and pending cases are often treated differently within the same state. Where a limit is too nuanced to state in a cell, the cell points to the full guide instead of giving a short answer.
| State | Reporting limitations | Ban-the-box | Salary history | Statutes |
|---|---|---|---|---|
| Alabama | Alabama does not impose additional state-specific reporting limitations on criminal records beyond those stipulated by the federal FCRA. The FCRA generally prohibits reporting non-conviction records older than seven years and certain other adverse information (e.g., arrests not leading to conviction, civil suits, civil judgments, paid tax liens) older than seven years, with no time limit for reporting convictions or for positions with an annual salary of $75,000 or more (15 U.S.C. § 1681c). | No statewide law — local ordinances may apply | No statewide ban — local ordinances may apply | Ala. Code § 15-27-1 et seq.; 15 U.S.C. § 1681 et seq. (FCRA); 42 U.S.C. § 2000e et seq. (Title VII) |
| Alaska | Alaska does not have state-specific reporting limitations that supersede the federal FCRA. Under the FCRA, non-conviction criminal records (e.g., arrests not leading to conviction) generally cannot be reported after seven years. Convictions, however, can typically be reported indefinitely. Bankruptcies over 10 years old and civil suits/judgments/paid tax liens over seven years old are also generally excluded, unless the position has an annual salary of $75,000 or more (42 U.S.C. § 1681c). | No statewide law — local ordinances may apply | No statewide ban — local ordinances may apply | Alaska Statute Title 12, Chapter 62 (Criminal Records and Identification); Alaska Statute Title 18, Chapter 65 (Public Safety); Alaska Statute Title 23, Chapter 10 (Employment Practices) |
| Arizona | Arizona law does not impose additional statewide limitations on the reporting of criminal records beyond those set forth by the federal FCRA. The FCRA generally prohibits reporting non-conviction records older than seven years and conviction records older than seven years for positions with an annual salary of less than $75,000. However, these limitations do not apply to conviction records for higher-paying positions or certain types of employment (e.g., those involving national security). | No statewide law — local ordinances may apply | No statewide ban — local ordinances may apply | Arizona Revised Statutes § 13-907; Arizona Revised Statutes § 41-192.01 |
| Arkansas | Arkansas law does not impose additional reporting limitations on criminal records beyond those set forth by the federal FCRA. The FCRA generally prohibits reporting non-conviction records (arrests not leading to conviction) that are more than seven years old, and convictions that are more than seven years old, for jobs with an annual salary under a certain threshold (currently $25,000). However, these limitations do not apply to conviction records for jobs with salaries above that threshold, or to certain types of employment (e.g., those involving national security). | No statewide law — local ordinances may apply | No statewide ban — local ordinances may apply | Arkansas Code § 16-90-1417; Arkansas Code § 20-7-2001 et seq.; Arkansas Code § 6-17-410 |
| California | CRAs cannot report: arrests not resulting in conviction, referrals to diversion programs, dismissed/sealed/expunged records, or convictions older than 7 years for positions paying less than $75,000/year. | comprehensiveCovered employers vary — see full guide | Restrictions applyScope and exceptions vary — see full guide | California Fair Chance Act (AB 1008); ICRAA; AB 168 - Salary History Ban; AB 1076 - Automatic Record Clearance |
| Colorado | Colorado's ban-the-box law (C.R.S. § 8-2-102) effectively limits the reporting of criminal history until a conditional offer of employment is made. While the federal FCRA generally allows reporting of convictions for up to seven years (with exceptions for jobs over a certain salary threshold), Colorado's law focuses on the timing of the inquiry rather than a strict reporting limitation on the age of convictions themselves, once the conditional offer stage is reached. However, employers should be mindful of the general FCRA limitations on non-conviction information (e.g., arrests not leading to conviction) which typically cannot be reported after seven years. | comprehensiveCovered employers vary — see full guide | Restrictions applyScope and exceptions vary — see full guide | C.R.S. § 8-2-102 (Concerning Inquiries into an Applicant's Criminal History); C.R.S. § 8-5-101 et seq. (Colorado Equal Pay for Equal Work Act); C.R.S. § 24-72-706 (Sealing of Criminal Records) |
| Connecticut | Conn. Gen. Stat. § 31-51i restricts requiring disclosure of erased criminal records and limits the use of erased records, provisional pardons and certificates of rehabilitation; it is not a general seven-year reporting rule. Under federal FCRA § 605 [15 U.S.C. § 1681c], criminal convictions are excluded from the seven-year limit in § 605(a)(5). Civil suits, civil judgments and arrest records have the § 605(a)(2) seven-year-or-longer-statute-of-limitations rule. For employment at an annual salary equal to or reasonably expected to equal $75,000 or more, § 605(b)(3) excepts the time limits in § 605(a)(1)–(5), not all FCRA restrictions. State law and other applicable protections still require checking. | moderateCovered employers vary — see full guide | Restrictions applyScope and exceptions vary — see full guide | Conn. Gen. Stat. § 31-51i; Conn. Gen. Stat. § 31-40z |
| Delaware | Delaware law generally aligns with the federal FCRA's seven-year reporting limitation for certain non-conviction records (e.g., arrests not leading to conviction, civil suits, judgments, paid tax liens). However, conviction records can generally be reported indefinitely under federal FCRA, unless a state law specifies otherwise. Delaware's expungement laws are particularly relevant here, as expunged records cannot be reported. | moderateCovered employers vary — see full guide | Restrictions applyScope and exceptions vary — see full guide | Delaware Ban the Box Law (19 Del. C. § 709A); Delaware Wage History Ban (19 Del. C. § 1107A); Delaware Expungement Law (11 Del. C. § 4371 et seq.) |
| Florida | Florida law, like the FCRA, generally restricts the reporting of non-conviction criminal records (e.g., arrests not leading to conviction) and civil lawsuits, civil judgments, paid tax liens, accounts placed for collection, and records of arrest that did not result in conviction, to seven years from the date of entry. This limitation applies to positions with an annual salary of less than $75,000. For positions with an annual salary of $75,000 or more, there are no such time restrictions under the FCRA. However, certain Florida statutes may allow or require reporting beyond these limits for specific regulated industries or positions, particularly those involving children, the elderly, or vulnerable populations. | public_onlyCovered employers vary — see full guide | No statewide ban — local ordinances may apply | Florida Statute § 943.0585; Florida Statute § 943.059; Florida Statute § 435.04 |
| Georgia | Georgia law does not impose additional state-specific reporting limitations on criminal record timeframes beyond those stipulated by the federal FCRA. The FCRA generally prohibits reporting non-conviction records (arrests not leading to conviction, dismissed charges) that are more than seven years old, and civil suits, civil judgments, and paid tax liens that are more than seven years old, for positions with an annual salary under $75,000. Conviction records can generally be reported indefinitely. | public_onlyCovered employers vary — see full guide | No statewide ban — local ordinances may apply | O.C.G.A. § 45-2-20 et seq. (Criminal History Record Information); O.C.G.A. § 45-5-6 (Ban the Box for State Agencies); O.C.G.A. § 13-10-90 et seq. (Georgia Security and Immigration Compliance Act) |
| Hawaii | Hawaii law (HRS § 378-2.5) generally prohibits employers from considering arrests that did not result in a conviction. For convictions, employers may only consider those that are job-related and consistent with business necessity. There are no specific time limitations (e.g., 7-year lookback) for reporting convictions in Hawaii, but the 'job-related and consistent with business necessity' standard effectively limits the scope of usable information, especially for older, non-relevant convictions. | comprehensiveCovered employers vary — see full guide | Restrictions applyScope and exceptions vary — see full guide | Hawaii Revised Statutes § 378-2.5; Hawaii Revised Statutes § 378-2; Hawaii Revised Statutes § 831-3.2 |
| Idaho | Idaho does not have specific state laws that impose additional reporting limitations on criminal records beyond those stipulated by the federal FCRA. Under the FCRA, non-conviction information (arrests not leading to conviction) generally cannot be reported after seven years. Conviction information can typically be reported indefinitely, though some states have stricter limits. For employment purposes, the FCRA's seven-year reporting limit for adverse information (e.g., civil suits, judgments, paid tax liens, accounts placed for collection, records of arrest) does not apply to positions with an annual salary of $75,000 or more. | No statewide law — local ordinances may apply | No statewide ban — local ordinances may apply | Idaho Code § 18-8301 et seq. (Criminal History Records); Idaho Code § 67-2901 et seq. (Personnel Records); Federal Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. |
| Illinois | Under the Illinois Human Rights Act (775 ILCS 5/2-103), employers generally cannot inquire about or use records of arrest that did not result in a conviction, or records of juvenile adjudications. Additionally, the Job Opportunities for Qualified Applicants Act (820 ILCS 75/1 et seq.) restricts when conviction records can be inquired about. While not a strict time limit on reporting, Illinois law emphasizes that employers should only consider convictions that are substantially related to the job duties and business necessity, and only after a conditional offer of employment. | comprehensiveCovered employers vary — see full guide | Restrictions applyScope and exceptions vary — see full guide | Job Opportunities for Qualified Applicants Act; Illinois Human Rights Act; Illinois Equal Pay Act; Illinois Genetic Information Privacy Act |
| Indiana | Indiana law generally does not impose additional reporting limitations beyond those found in the federal FCRA for criminal records. The FCRA generally prohibits reporting non-conviction records older than seven years and other adverse information (excluding criminal convictions) older than seven years, for positions with an annual salary under $75,000. However, conviction records can generally be reported indefinitely. Employers should be aware of expungement laws which can affect what information is legally reportable. | No statewide law — local ordinances may apply | No statewide ban — local ordinances may apply | Indiana Code § 35-38-9; Indiana Code § 24-4-8-1 et seq. (Identity Theft) |
| Iowa | Iowa law does not impose additional state-specific limitations on the reporting of criminal records beyond those set forth by the federal FCRA. The FCRA generally prohibits consumer reporting agencies from reporting non-conviction arrest records, civil suits, civil judgments, and paid tax liens that are more than seven years old. Bankruptcies can be reported for up to 10 years. There is no time limit for reporting criminal convictions, regardless of the FCRA's general 7-year rule for other adverse information, when the position's annual salary is $75,000 or more (42 U.S.C. § 1681c(b)). For positions earning less than $75,000, the 7-year rule may apply to convictions as well, though this is a point of legal interpretation. | No statewide law — local ordinances may apply | No statewide ban — local ordinances may apply | Iowa Code § 907.9; Iowa Code Chapter 216 |
| Kansas | Kansas law does not impose specific statewide limitations on the reporting timeframe for criminal convictions in employment background checks, beyond what is stipulated by the federal FCRA. The FCRA generally prohibits reporting non-conviction information (e.g., arrests not leading to conviction) that is more than seven years old, and civil suits, civil judgments, paid tax liens, accounts placed for collection, and records of arrest that are more than seven years old. However, conviction records can generally be reported indefinitely under the FCRA for employment purposes, unless state law dictates otherwise. Kansas does not have such a state law for most employment. For positions with salaries of $75,000 or more, the FCRA's 7-year limitation on adverse information (excluding convictions) does not apply. | No statewide law — local ordinances may apply | No statewide ban — local ordinances may apply | K.S.A. 21-6614; K.S.A. 44-1001 et seq. (Kansas Act Against Discrimination) |
| Kentucky | Kentucky law generally does not impose specific time limitations on the reporting of criminal convictions for employment purposes, unlike some other states. However, the federal Fair Credit Reporting Act (FCRA) generally prohibits consumer reporting agencies from reporting non-conviction arrest records, civil suits, civil judgments, and paid tax liens that are more than seven years old. Bankruptcies older than 10 years are also excluded. These FCRA limitations apply unless the position's annual salary is expected to be $75,000 or more. | public_onlyCovered employers vary — see full guide | No statewide ban — local ordinances may apply | KRS 18A.095; KRS 431.076; KRS 431.078; KRS 216.789 |
| Louisiana | Louisiana law does not impose additional reporting limitations beyond those set by the federal FCRA. The FCRA generally prohibits reporting non-conviction criminal records (arrests not leading to conviction, dismissed charges) that are more than seven years old, and civil suits, civil judgments, paid tax liens, accounts placed for collection, and records of arrest that are more than seven years old. Bankruptcies can be reported for 10 years. These limitations typically do not apply to jobs with an annual salary of $75,000 or more. | public_onlyCovered employers vary — see full guide | No statewide ban — local ordinances may apply | La. R.S. 42:1701; La. R.S. 44:9; La. R.S. 23:291 |
| Maine | Maine law generally restricts the use of certain criminal records. For example, employers cannot consider criminal charges that did not result in a conviction, or convictions that have been expunged or sealed. While the federal FCRA generally limits reporting of non-conviction information to seven years, Maine's restrictions are more absolute regarding non-convictions and expunged records. Employers should also be cautious about using conviction records that are not job-related and consistent with business necessity, as this could lead to discrimination claims under state human rights laws. | public_onlyCovered employers vary — see full guide | No statewide ban — local ordinances may apply | 5 M.R.S. § 4572; 5 M.R.S. § 19004-D; 16 M.R.S. § 6001 et seq. |
| Maryland | Maryland law does not explicitly impose a general seven-year reporting limitation on criminal convictions for employment purposes, unlike the FCRA for non-conviction records or certain low-wage jobs. However, the ban-the-box law restricts when such information can be considered. For non-conviction records (e.g., arrests not leading to conviction), the FCRA's seven-year limitation generally applies unless the job's annual salary is $75,000 or more. Maryland law also has specific provisions regarding expunged records. | comprehensiveCovered employers vary — see full guide | Restrictions applyScope and exceptions vary — see full guide | Md. Code Ann., Lab. & Empl. § 3-1501 et seq.; Md. Code Ann., Lab. & Empl. § 3-304.2; Md. Code Ann., Crim. Proc. § 10-109 |
| Massachusetts | Under the CORI law, employers generally cannot inquire about: (1) Misdemeanor convictions that occurred five or more years prior to the date of the application, unless the applicant has been convicted of any offense within that five-year period. (2) First offenses for certain misdemeanors. (3) Arrests that did not result in a conviction. (4) Cases that were dismissed or resulted in a 'not guilty' finding. (5) Sealed or expunged records. (M.G.L. c. 151B, § 4(9) and M.G.L. c. 6, § 172) | comprehensiveCovered employers vary — see full guide | Restrictions applyScope and exceptions vary — see full guide | M.G.L. c. 6, §§ 167-178 (CORI Law); M.G.L. c. 151B, § 4(9) and § 4(9½); M.G.L. c. 149, § 105A; M.G.L. c. 276, § 100A-100U |
| Michigan | Michigan law generally prohibits employers from inquiring about or considering certain criminal records. Specifically, employers cannot inquire about or consider: (1) an arrest that did not result in a conviction; (2) a conviction that has been expunged or set aside; or (3) a misdemeanor conviction for which the individual was sentenced to a fine or forfeiture only. (MCL 37.2205a). | No statewide law — local ordinances may apply | No statewide ban — local ordinances may apply | Michigan Compiled Laws (MCL) 37.2205a; Michigan Compiled Laws (MCL) 780.621 et seq.; Michigan Compiled Laws (MCL) 37.2101 et seq. (Elliott-Larsen Civil Rights Act) |
| Minnesota | Minnesota law (Minn. Stat. § 364.021) does not explicitly set a time limit on reporting criminal convictions. However, for non-conviction data (e.g., arrests not leading to conviction), the federal FCRA's seven-year reporting limit generally applies for positions with salaries under a certain threshold. For convictions, the ban-the-box law focuses on the timing of the inquiry and the individualized assessment rather than an outright reporting limitation. Employers should be cautious about using very old conviction data without a strong nexus to the job. | comprehensiveCovered employers vary — see full guide | No statewide ban — local ordinances may apply | Minn. Stat. § 364.021; Minn. Stat. § 609A.01 et seq.; Minn. Stat. § 363A.08 |
| Mississippi | Mississippi does not impose specific state-level reporting limitations on the timeframe for reporting criminal convictions or arrests that are stricter than the federal FCRA. The FCRA generally prohibits reporting non-conviction arrest records older than seven years and civil suits, civil judgments, and paid tax liens older than seven years. However, these limitations do not apply to criminal convictions, which can generally be reported indefinitely under federal law, unless a state law specifies otherwise. Mississippi does not have such a state law for convictions. | No statewide law — local ordinances may apply | No statewide ban — local ordinances may apply | Miss. Code Ann. § 99-19-71; Federal Fair Credit Reporting Act (FCRA) |
| Missouri | Missouri law generally aligns with the FCRA's seven-year reporting limitation for certain adverse information (e.g., arrests not leading to conviction, civil suits, paid tax liens) when the job's annual salary is less than $75,000. However, convictions can generally be reported indefinitely. There are no specific Missouri statutes that impose stricter reporting limitations than the FCRA for general employment background checks. | limitedCovered employers vary — see full guide | No statewide ban — local ordinances may apply | Missouri Revised Statutes Chapter 610; Missouri Revised Statutes Chapter 285 |
| Montana | Montana law does not impose additional limitations on the reporting of criminal records beyond those established by the federal FCRA. The FCRA generally prohibits reporting non-conviction records older than seven years and convictions older than seven years for jobs with an annual salary under $75,000. However, these limitations do not apply to conviction records for jobs with a salary of $75,000 or more, or to certain other types of information like bankruptcies, liens, or civil judgments. | No statewide law — local ordinances may apply | No statewide ban — local ordinances may apply | Montana Human Rights Act (MCA Title 49, Chapter 2); Montana Consumer Protection Act (MCA Title 30, Chapter 14, Part 1) |
| Nebraska | Nebraska generally follows the federal FCRA's seven-year reporting limitation for certain adverse information (e.g., arrests not leading to conviction, civil suits, paid tax liens) when the salary for the position is less than $75,000. However, convictions can generally be reported indefinitely under the FCRA. For positions with an annual salary of $75,000 or more, these reporting limitations do not apply. Nebraska state law does not impose additional, stricter limitations on reporting criminal records beyond the FCRA. | No statewide law — local ordinances may apply | No statewide ban — local ordinances may apply | Nebraska Revised Statute § 29-3523; Nebraska Revised Statute § 48-1101 et seq. (Nebraska Fair Employment Practice Act) |
| Nevada | Nevada law generally prohibits employers from inquiring about, or considering, certain criminal records, such as arrests that did not lead to a conviction, or convictions that have been sealed or expunged. For convictions, there is no general statewide time limit on reporting convictions themselves, but the use of such information must comply with federal EEOC guidance regarding job-relatedness and business necessity. NRS 179.285 allows for the sealing of certain records, which then cannot be used for employment purposes. | No statewide law — local ordinances may apply | No statewide ban — local ordinances may apply | NRS 179.245; NRS 179.255; NRS 179.285; NRS 613.330 |
| New Hampshire | New Hampshire does not impose specific state-level reporting limitations on criminal records that are more restrictive than the federal FCRA. The federal FCRA generally restricts the reporting of non-conviction records (arrests not leading to conviction, civil suits, etc.) older than seven years, with no time limit on conviction records or jobs with salaries over a certain threshold (currently $75,000). | No statewide law — local ordinances may apply | No statewide ban — local ordinances may apply | RSA 651:5; RSA 354-A |
| New Jersey | New Jersey's Opportunity to Compete Act does not explicitly set a time limit on reporting criminal convictions, but it restricts *when* an employer can inquire about them. For arrests, the New Jersey Law Against Discrimination (N.J.S.A. 10:5-1 et seq.) generally prohibits discrimination based on an arrest that did not lead to a conviction. This implies that employers should not consider arrest records that do not result in a conviction when making employment decisions. The federal FCRA's seven-year reporting limitation for non-conviction information (arrests, civil suits, etc.) generally applies to consumer reporting agencies, but New Jersey's LAD provides additional protection for arrests. | comprehensiveCovered employers vary — see full guide | Restrictions applyScope and exceptions vary — see full guide | New Jersey Opportunity to Compete Act; New Jersey Law Against Discrimination (LAD); New Jersey Wage and Hour Law (Salary History); New Jersey Expungement Law |
| New Mexico | New Mexico's application rule for private employers (NMSA 1978, § 28-2-3.1) governs when criminal history may be asked about, not how far back a report may go. Public-employment rules in the Criminal Offender Employment Act (NMSA 1978, § 28-2-1 et seq.) are separate. Under federal FCRA § 605 [15 U.S.C. § 1681c], criminal convictions are excluded from the seven-year limit in § 605(a)(5). Civil suits, civil judgments and arrest records have the § 605(a)(2) seven-year-or-longer-statute-of-limitations rule. For employment at an annual salary equal to or reasonably expected to equal $75,000 or more, § 605(b)(3) excepts the time limits in § 605(a)(1)–(5), not all FCRA restrictions. State law and other applicable protections still require checking. | moderateCovered employers vary — see full guide | No statewide ban — local ordinances may apply | NMSA 1978, § 28-2-3.1; NMSA 1978, § 28-2-1 et seq. (Criminal Offender Employment Act); NMSA 1978, § 28-23-1 et seq. (Fair Pay for Women Act); NMSA 1978, § 28-1-7 (New Mexico Human Rights Act) |
| New York | New York GBS § 380-j(f)(1)(v) limits reporting of convictions more than seven years after disposition, release or parole. Section 380-j(f)(2)(iii) provides an employment exception when annual salary equals or may reasonably be expected to equal $25,000 or more; it does not waive other New York protections. The separate federal $75,000 exception concerns FCRA § 605(a)(1)–(5) time limits only. Other federal, state and local reporting and use restrictions still require checking. | comprehensiveCovered employers vary — see full guide | Restrictions applyScope and exceptions vary — see full guide | Article 23-A of the Correction Law; NYC Fair Chance Act; N.Y. Labor Law § 194-a; CPL 160.59 - Record Sealing; CPL 160.57 - Clean Slate Act |
| North Carolina | This guide has not identified a North Carolina statute adding general reporting time limits for private employers beyond the federal FCRA. Under federal FCRA § 605 [15 U.S.C. § 1681c], criminal convictions are excluded from the seven-year limit in § 605(a)(5). Civil suits, civil judgments and arrest records have the § 605(a)(2) seven-year-or-longer-statute-of-limitations rule. For employment at an annual salary equal to or reasonably expected to equal $75,000 or more, § 605(b)(3) excepts the time limits in § 605(a)(1)–(5), not all FCRA restrictions. State law and other applicable protections still require checking. State agencies covered by Executive Order No. 158 must follow its timing rules for criminal-history inquiries. | limitedCovered employers vary — see full guide | No statewide ban — local ordinances may apply | N.C. Executive Order No. 158; N.C. Gen. Stat. § 15A-145.5; N.C. Gen. Stat. § 110-90.2 |
| North Dakota | This release does not establish the absence of additional North Dakota reporting or use restrictions. Under federal FCRA § 605 [15 U.S.C. § 1681c], criminal convictions are excluded from the seven-year limit in § 605(a)(5). Civil suits, civil judgments and arrest records have the § 605(a)(2) seven-year-or-longer-statute-of-limitations rule. For employment at an annual salary equal to or reasonably expected to equal $75,000 or more, § 605(b)(3) excepts the time limits in § 605(a)(1)–(5), not all FCRA restrictions. State law and other applicable protections still require checking. | limitedCovered employers vary — see full guide | No statewide ban — local ordinances may apply | N.D.C.C. § 12.1-33-02.2 |
| Ohio | Ohio record-relief and authorized-access rules must be checked for the case and statute involved. Under federal FCRA § 605 [15 U.S.C. § 1681c], criminal convictions are excluded from the seven-year limit in § 605(a)(5). Civil suits, civil judgments and arrest records have the § 605(a)(2) seven-year-or-longer-statute-of-limitations rule. For employment at an annual salary equal to or reasonably expected to equal $75,000 or more, § 605(b)(3) excepts the time limits in § 605(a)(1)–(5), not all FCRA restrictions. State law and other applicable protections still require checking. | limitedCovered employers vary — see full guide | No statewide ban — local ordinances may apply | Ohio Revised Code 9.73; Ohio Revised Code (ORC) 2953.32; Ohio Revised Code (ORC) 2953.33; Ohio Revised Code (ORC) 2151.356; Ohio Revised Code (ORC) 109.572; Ohio Revised Code (ORC) 2953.34 |
| Oklahoma | Oklahoma generally follows the federal FCRA's seven-year reporting limitation for certain adverse information (e.g., arrests not leading to conviction, paid tax liens, civil suits, civil judgments) for positions with an annual salary of less than $75,000. However, convictions can generally be reported indefinitely. There are no specific Oklahoma state laws that impose stricter reporting limitations than the FCRA for employment background checks. | No statewide law — local ordinances may apply | No statewide ban — local ordinances may apply | 22 O.S. § 18; 22 O.S. § 991c; Oklahoma Public Records Act (51 O.S. § 24A.1 et seq.) |
| Oregon | Oregon law does not explicitly impose a general seven-year reporting limitation on criminal convictions for employment purposes, unlike some other states. However, the federal FCRA generally limits the reporting of non-conviction information (arrests not leading to conviction, civil suits, etc.) to seven years. Convictions can generally be reported indefinitely under FCRA, but Oregon's ban-the-box law and individualized assessment requirements still apply to their use. | comprehensiveCovered employers vary — see full guide | Restrictions applyScope and exceptions vary — see full guide | ORS 659A.360; ORS 652.220; ORS 659A.030 |
| Pennsylvania | Under CHRIA, employers cannot consider arrests that did not result in a conviction. For convictions, employers can only consider felonies and misdemeanors if they relate to the applicant's suitability for the job. There are no specific time limitations (e.g., 7-year look-back) for reporting convictions under CHRIA, but the conviction must be job-related. Summary offenses generally cannot be used as a basis for denying employment unless specifically authorized by law. | moderateCovered employers vary — see full guide | No statewide ban — local ordinances may apply | Pennsylvania Criminal History Record Information Act (CHRIA); Pennsylvania Child Protective Services Law (CPSL); Pennsylvania Human Relations Act (PHRA) |
| Rhode Island | While the federal FCRA generally limits the reporting of non-conviction arrests, civil suits, and other adverse information to seven years, Rhode Island law does not impose additional, stricter reporting limitations on background check providers for private employers beyond what the FCRA already dictates. However, the ban-the-box law for public employers effectively limits when criminal history information can be considered. | public_onlyCovered employers vary — see full guide | Restrictions applyScope and exceptions vary — see full guide | R.I. Gen. Laws § 28-5-7(7); R.I. Gen. Laws § 28-6-22; R.I. Gen. Laws § 12-1.3-1 et seq.; R.I. Gen. Laws § 28-5-1 et seq. |
| South Carolina | South Carolina generally aligns with the federal FCRA's seven-year reporting limitation for certain adverse information (e.g., arrests not leading to conviction, civil suits, paid tax liens) when the salary for the position is less than $75,000. However, convictions can generally be reported indefinitely under federal FCRA, and South Carolina law does not impose additional restrictions on conviction reporting timeframes for employment purposes beyond what the FCRA allows. Information regarding arrests that did not lead to a conviction may be considered less relevant over time. | No statewide law — local ordinances may apply | No statewide ban — local ordinances may apply | South Carolina Code of Laws Title 17, Chapter 22 (Expungement of Criminal Records); South Carolina Code of Laws Title 41, Chapter 1 (Labor and Employment) |
| South Dakota | South Dakota does not have state-specific reporting limitations on criminal records that supersede the federal FCRA. Under the FCRA, non-conviction information (arrests not leading to conviction) generally cannot be reported after seven years. Convictions can typically be reported indefinitely, though some states have stricter rules. South Dakota does not impose additional state-level restrictions on the reporting timeframe for convictions. | No statewide law — local ordinances may apply | No statewide ban — local ordinances may apply | South Dakota Codified Laws (SDCL); SDCL 23A-27-4.1; SDCL 23A-3-2.1 |
| Tennessee | Tennessee follows federal FCRA reporting limitations. No additional state-imposed restrictions beyond the 7-year rule for non-conviction records. | moderateCovered employers vary — see full guide | No statewide ban — local ordinances may apply | Tennessee Ban-the-Box (Public Sector); Certificate of Employability; T.C.A. § 40-32-101 |
| Texas | Texas follows the standard 7-year FCRA limitation for non-conviction records. There are no additional state-imposed reporting limitations beyond federal FCRA requirements for convictions. | limitedCovered employers vary — see full guide | No statewide ban — local ordinances may apply | Texas Business and Commerce Code Ch. 20; Texas Gov. Code Ch. 411; HB 1188 - State Agency Ban-the-Box |
| Utah | Utah generally follows the FCRA's seven-year reporting limitation for certain adverse information (e.g., arrests not leading to conviction, civil suits, paid tax liens) when the position's annual salary is less than $75,000. However, convictions can generally be reported indefinitely. For state and local government agencies, the ban-the-box law restricts the timing of criminal history inquiries, not necessarily the reporting timeframe once a check is conducted. | limitedCovered employers vary — see full guide | No statewide ban — local ordinances may apply | Utah Code Ann. § 77-40a-101 et seq.; Utah Code Ann. § 67-19-45; Utah Code Ann. § 63G-2-305(10) |
| Vermont | Vermont law does not explicitly set a specific reporting limitation period for criminal convictions, but employers are generally advised to consider the relevance of older convictions to the job duties. The federal FCRA's seven-year reporting limitation for non-conviction records (arrests not leading to conviction, civil suits, etc.) for jobs paying under $75,000 still applies. However, Vermont's ban-the-box law dictates when criminal history can be inquired about, regardless of age. | comprehensiveCovered employers vary — see full guide | Restrictions applyScope and exceptions vary — see full guide | 21 V.S.A. § 495h; 21 V.S.A. § 306; 21 V.S.A. § 513; 13 V.S.A. § 7601 et seq. |
| Virginia | Virginia law does not impose specific state-level reporting limitations on criminal records that are stricter than the federal FCRA's seven-year reporting limitation for non-conviction information (arrests not leading to conviction, civil suits, etc.) for positions paying under a certain threshold. However, convictions can generally be reported indefinitely under federal FCRA, and Virginia law does not alter this for private employers. For public employers, the ban-the-box law restricts *when* criminal history can be inquired about, not necessarily the reporting timeframe once inquired. | public_onlyCovered employers vary — see full guide | No statewide ban — local ordinances may apply | Virginia Code § 2.2-291.1; Virginia Code § 19.2-392.4 |
| Washington | Washington law does not explicitly impose a general seven-year reporting limitation on criminal convictions for employment purposes, unlike the FCRA for non-conviction information. However, the state's ban-the-box provisions effectively limit when criminal records can be accessed and considered. Employers must also be mindful of the individualized assessment requirement, which implicitly limits the use of older, irrelevant convictions. Non-conviction information (arrests not leading to conviction, dismissed charges) generally falls under FCRA's seven-year reporting limit for positions with salaries under a certain threshold. | comprehensiveCovered employers vary — see full guide | Restrictions applyScope and exceptions vary — see full guide | RCW 49.58.100 (Wage and Salary History); RCW 49.94 (Fair Chance Act / Ban-the-Box); RCW 49.60 (Law Against Discrimination); RCW 19.182 (Consumer Protection Act - Background Checks) |
| West Virginia | West Virginia generally follows the federal FCRA's seven-year reporting limitation for certain adverse information (e.g., arrests not leading to conviction, paid tax liens, civil judgments, collections accounts) when the position's annual salary is less than $75,000. However, convictions can generally be reported indefinitely. There are no specific state laws in West Virginia that impose stricter reporting limitations than the FCRA for private employers. | public_onlyCovered employers vary — see full guide | No statewide ban — local ordinances may apply | West Virginia Executive Order 4-16; West Virginia Code § 61-11-26; West Virginia Code § 21-5-1 et seq. (Wage Payment and Collection Act) |
| Wisconsin | Wisconsin law prohibits employers from discriminating against an applicant or employee based on an arrest record that did not result in a conviction, or a conviction record that is not 'substantially related' to the circumstances of the particular job. An employer may not consider an arrest record unless the arrest is pending or the employer reasonably believes the circumstances of the arrest are substantially related to the job. For conviction records, the employer must determine if the circumstances of the conviction are 'substantially related' to the job duties and responsibilities. There is no specific time limit on reporting conviction records, but their use is restricted by the 'substantial relationship' test. (Wis. Stat. § 111.335) | public_onlyCovered employers vary — see full guide | No statewide ban — local ordinances may apply | Wis. Stat. § 111.335; Wis. Stat. § 111.321; Wis. Stat. § 111.335(1)(b); Wis. Stat. § 973.015 |
| Wyoming | Wyoming does not impose state-specific reporting limitations on criminal records beyond those set forth by the federal FCRA. The FCRA generally prohibits reporting non-conviction records (arrests not leading to conviction) that are more than seven years old, and civil suits, civil judgments, paid tax liens, accounts placed for collection, and most other adverse information that predates the report by more than seven years. Bankruptcies can be reported for 10 years. There are no time limits for reporting criminal convictions, regardless of the FCRA's general 7-year rule for other adverse information, for positions with an annual salary of $75,000 or more, or for certain other types of information. | No statewide law — local ordinances may apply | No statewide ban — local ordinances may apply | Wyoming Fair Employment Practices Act (Wyo. Stat. Ann. § 27-9-101 et seq.); Wyoming Criminal History Record Information Act (Wyo. Stat. Ann. § 7-19-101 et seq.); Wyoming Expungement of Criminal Records (Wyo. Stat. Ann. § 7-13-1501 et seq.) |
A lookback limit tells you what may be reported — not what a database actually contains. National database aggregators only hold what participating courts report, so a record inside the lookback window can still be missing from a database-only search. That gap is closed at the courthouse, not by a longer lookback. How county courthouse searches differ.
Frequently asked questions
How far back does a background check go?
Under the federal Fair Credit Reporting Act, a consumer reporting agency may not report most adverse non-conviction information — arrests that did not lead to conviction, paid tax liens, civil judgments, collection accounts — that is older than seven years. Criminal convictions have no federal time limit and may be reported indefinitely. A number of states impose their own seven-year limit that also covers convictions, which is stricter than federal law.
Does the seven-year rule apply to convictions?
Not under federal law. 15 U.S.C. § 1681c expressly excludes records of criminal convictions from the seven-year restriction, so a conviction can be reported no matter how old it is. State law is what changes this: several states apply a seven-year cap to convictions as well. Check the state guide for each jurisdiction where the applicant applies or will work.
What is the salary threshold exception?
The FCRA's seven-year reporting limits do not apply when the report is being used for employment of an individual at an annual salary that equals or exceeds $75,000. Many state statutes have no equivalent exception, or set a different figure, so a report that is lawful federally can still violate state law.
How far back does an employment or education verification go?
Verifications are not subject to the seven-year adverse information rule in the same way, because confirming that someone held a job or earned a degree is not adverse information. Most employers verify the last seven to ten years of work history, or the three most recent positions, and verify the highest degree claimed.
How far back do driving records go?
MVR lookback is set by each state's motor vehicle agency, not by the FCRA, and commonly runs three to ten years depending on the state and the violation type. Commercial driver requirements under FMCSA rules are separate again.
Can sealed or expunged records be reported?
No. Once a record is sealed or expunged, it should not appear in an employment screening report, and the CFPB has emphasized that consumer reporting agencies must maintain reasonable procedures to avoid reporting records that have been expunged, sealed, or otherwise legally restricted. This is a practical argument for source-level courthouse verification over stale database data.
Sources for this table
The federal limits on this page are cited to the statute and regulation themselves. Each state row summarizes that state's own guide; open the state guide for its primary-source citations.
- Fair Credit Reporting Act (revised March 2026), § 605 [15 U.S.C. § 1681c]
Federal Trade Commission · link checked 2026-10-08
- 15 U.S.C. § 1681c — Requirements relating to information contained in consumer reports
U.S. Government Publishing Office · link checked 2026-09-17
- 16 CFR Part 698 — Model Forms and Disclosures (FCRA)
National Archives — eCFR · link checked 2026-09-17
- 15 U.S.C. § 1681c (annotated text)
Cornell Legal Information Institute · link checked 2026-09-17
State primary-source coverage: 50 of 50 states currently carry a confirmed link to their own legislature or attorney general. The remaining states are marked "verification pending" on their guides — their official sites block automated link checking, and we do not publish a citation we have not confirmed.
Legal disclaimer. This page is general information about employment screening law, not legal advice, and it does not create an attorney–client relationship. Lookback rules vary by state, by employer type, and by the purpose of the report. DatabaseRecords is a records-research and investigative firm, not a law firm. Consult qualified employment counsel before adopting or changing a screening policy.
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