There is no single nationwide lookback period for every employment criminal background check.
The familiar “seven-year rule” is real in federal law for some categories of information—but it does not create a universal seven-year cutoff for criminal convictions.
The answer depends on:
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whether the record is an arrest or conviction;
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federal Fair Credit Reporting Act rules;
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state and local law;
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the job and industry;
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the screening company’s product; and
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the employer’s screening scope.
The short answer
Under 15 U.S.C. § 1681c:
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records of arrest are generally limited to seven years from the date of entry or until the governing statute of limitations expires, whichever is longer, subject to statutory exceptions;
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“other adverse information” is generally subject to a seven-year limit;
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records of criminal convictions are expressly excluded from that general seven-year limit; and
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certain federal time limits do not apply to employment expected to pay $75,000 or more annually.
State laws may impose stricter reporting or use restrictions.
That is why “criminal background checks go back seven years” is incomplete.
The Federal Seven-Year Rule
The FCRA’s Section 605 restricts consumer reporting agencies from reporting specified old adverse information.
For criminal-history discussions, two parts are especially important:
ARREST RECORDS
Federal law refers to seven years from the date of entry or until the governing statute of limitations expires, whichever is longer, subject to additional exceptions.
CRIMINAL CONVICTIONS
The statute expressly excludes records of criminal convictions from the general seven-year limitation on “other adverse information.”
This does not mean convictions are always reportable forever in every state.
It means federal law itself does not impose the same seven-year limit on convictions.
What Is the $75,000 Employment Exception?
Under 15 U.S.C. § 1681c(b)(3), the listed federal time limits in subsection (a)(1)–(5) do not apply to a consumer report used in connection with employment at an annual salary that equals, or may reasonably be expected to equal, $75,000 or more.
State laws may still impose their own restrictions.
How Far Back Can Felony Convictions Go?
At the federal FCRA level, felony convictions are not subject to the general seven-year limit on adverse information.
But state reporting laws can limit conviction reporting, and some jurisdictions regulate how employers may consider older convictions.
Can You Get a Job With a Felony?
How Far Back Can Misdemeanors Go?
The same federal conviction principle applies whether the conviction is labeled a felony or misdemeanor: criminal convictions are treated differently from arrests under the FCRA’s general seven-year rule.
State laws can create different limits.
Do Misdemeanors Show Up on Employment Background Checks?
How Far Back Can Arrests Go?
Federal FCRA Section 605 generally limits arrest records by reference to seven years from entry or the governing statute of limitations, whichever is longer, subject to additional statutory exceptions.
State law can be more restrictive.
If an arrest resulted in a conviction, the conviction is a separate category.
If the case was dismissed, the report should accurately reflect that disposition.
Do Arrests Show Up on Employment Background Checks?
What About Pending Charges?
Pending cases can be reportable in some employment background checks when permitted by applicable law.
Because an unresolved case may not have a final disposition, the rules can be more complex than simply counting years from a conviction date.
Do Pending Charges Show Up on a Background Check?
What About Sealed or Expunged Records?
Sealed or expunged records are governed largely by state law and court orders.
A record may be restricted from ordinary public access even if it is not old.
Age and record status are different concepts.
Do Sealed or Expunged Records Show Up on Background Checks?
State Laws Can Be More Restrictive
State and local criminal-background-check rules vary substantially.
Depending on jurisdiction, laws may regulate:
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how far back convictions can be reported;
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whether non-convictions can be reported;
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when an employer may ask about criminal history;
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what employers may consider;
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individualized assessment;
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notice requirements;
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sealed/expunged records;
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juvenile records.
A national article should not attempt to replace official state guidance.
What Does “Lookback Period” Actually Mean?
REPORTING LOOKBACK
How far back a consumer reporting company may report information.
SEARCH SCOPE
How far back the employer tells the provider to search.
EMPLOYER USE RULE
Whether the employer may legally consider the information.
RECORD AVAILABILITY
Whether the court/source still makes the information available.
REGULATED-JOB REQUIREMENT
Whether a specific law requires or prohibits consideration.
Those are not interchangeable.
How Can You Find the Rule That Applies to You?
- Identify the state where you are applying and where the record occurred.
- Identify the screening company.
- Determine whether the report is a third-party consumer report.
- Check the screening company’s candidate resources.
- Check official state/local fair-chance resources.
- Review the actual report.
- If a legal question remains, use qualified legal advice.
Frequently Asked Questions
Do criminal background checks only go back seven years?
No. Federal law applies seven-year limits to certain information, but criminal convictions are expressly excluded from the general federal seven-year limit.
How far back do felony convictions go?
There is no single national limit.
How far back do misdemeanors go?
The answer depends on state law and screening scope.
How far back do arrests go?
Federal FCRA rules refer to seven years from entry or the governing statute of limitations, whichever is longer, with additional statutory exceptions.
What happens for jobs paying more than $75,000?
The FCRA contains a salary-based exception to certain federal reporting limits. State restrictions may still apply.
Official Sources and Further Reading
These resources explain general federal requirements. State/local laws, screening scope, and job-specific rules can change the answer.
Your next step
The biggest mistake with criminal-background-check timelines is relying on a single number.
The Employment Background Check Self-Check Guide helps you review what information may be relevant, organize your employment history, and identify where official records or provider-specific rules need to be checked.
The $47 Signature Edition includes the complete self-check guide and the bonus AI Current-Info Research Toolkit, with guided prompts for researching current official sources. Verify AI-generated findings against the cited primary sources.