How far back does a background check go? The seven-year rule, its exceptions, and state rules.
The answer depends on the type of information, the salary of the job, and your state. The federal starting point is the Fair Credit Reporting Act, which sets time limits for some information in consumer reports.
Under the Fair Credit Reporting Act, consumer reporting agencies generally may not report arrest records, civil suits and judgments, and most other adverse information older than seven years. Records of criminal convictions are not covered by that seven-year limit. The limits also don't apply to reports for jobs paying $75,000 or more a year. Some states set stricter rules.
How the limits work
The seven-year limits
The FCRA text quoted below bars reporting arrest records, civil suits and judgments, and other adverse items older than seven years.
Convictions
The 'other adverse item' limit explicitly excludes records of convictions of crimes, so federal law doesn't set a seven-year limit on them.
The $75,000 exception
The time limits don't apply to reports for a job paying, or reasonably expected to pay, $75,000 or more a year.
State and local rules
Some states and cities add limits on what can be reported or how employers may use it. Check the rules where you live, or ask an attorney.
2 copy-ready templates
Illustrative: names, companies, dates and numbers in these templates and examples are fictional. Replace every bracket with your own true details before you use anything.
Ask which records are in scope
When to use: When you receive the authorisation form.
Hi [Name], before I sign the authorisation, could you tell me which types of checks are included (for example criminal, employment, education, credit) and the screening company's name? Thank you, [Your name]
Request a copy of your report
When to use: If you're concerned old information was included.
Hello, I authorised a background check for [Company] on [date]. Please send me a copy of the report you provided, as I'd like to review it for accuracy. My details: [full name], [date of birth], [address]. Thank you.
Disclosure: TryHired makes HIRED, a paid job-search program, so we have a conflict of interest when we mention it. Everything on this page is free to use without buying anything.
What applies to you
| Situation | What to do |
|---|---|
| Arrests or civil records older than seven years | Generally not reportable under the FCRA. |
| Criminal convictions | Not covered by the seven-year limit federally; state rules may differ. |
| Job paying $75,000 or more | The FCRA time limits don't apply. |
| Old information appears | Request the report and dispute errors with the reporting company. |
The same move, done two ways
Illustrative example with fictional details.
| Version | Example |
|---|---|
| Weak | Assumed nothing older than seven years could ever appear, for any job. |
| Strong | Read the FCRA limits, noted the conviction and $75,000 exceptions, and checked their state's rules. |
Why it matters: The seven-year rule has important exceptions. Knowing them avoids false assumptions.
Mistakes to avoid
- Treating the seven-year rule as universal.
- Ignoring the $75,000 salary exception.
- Forgetting state and local rules.
- Not requesting the report when something looks wrong.
What official sources say
Quoted word for word from official pages; state law, local law and your contract can add rules.
- 15 U.S.C. § 1681c (Fair Credit Reporting Act, requirements relating to information contained in consumer reports): a consumer reporting agency may not report "Civil suits, civil judgments, and records of arrest that, from date of entry, antedate the report by more than seven years" (or until the statute of limitations has expired, if longer), or "Any other adverse item of information, other than records of convictions of crimes" "which antedates the report by more than seven years." Accessed Nov 3, 2026.
- 15 U.S.C. § 1681c (Fair Credit Reporting Act, requirements relating to information contained in consumer reports), subsection (b): those time limits do not apply to a report used in connection with "the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal" "$75,000, or more." Accessed Nov 3, 2026.
Keep going
Questions people ask
Do background checks only go back seven years?
Can a conviction from 10 years ago show up?
What is the $75,000 rule?
Who do I contact if old information is reported?
How this page is built
Written by Maid Dizdarevic, a career coach and 8x LinkedIn Top Voice. The steps, scripts and timing guides are practical advice, labelled as advice. We do not publish response rates, success rates or shares of employers, and every example uses fictional details. Official facts are quoted word for word from the pages listed under Sources.
- How a specific employer, recruiter or manager will act: practices vary by company, industry and person.
- Legal advice: for contracts, background-check disputes, pay classification or a termination, talk to an employment attorney, the U.S. Department of Labor or your state agency.
- Outcomes: no message, plan or program can promise an interview, a raise or a job.
- TryHired editorial guidance by Maid Dizdarevic, career coach, Nov 4, 2026.
- 15 U.S.C. § 1681c (Fair Credit Reporting Act, requirements relating to information contained in consumer reports): a consumer reporting agency may not report "Civil suits, civil judgments, and records of arrest that, from date of entry, antedate the report by more than seven years" (or until the statute of limitations has expired, if longer), or "Any other adverse item of information, other than records of convictions of crimes" "which antedates the report by more than seven years." Accessed Nov 3, 2026.
- 15 U.S.C. § 1681c (Fair Credit Reporting Act, requirements relating to information contained in consumer reports), subsection (b): those time limits do not apply to a report used in connection with "the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal" "$75,000, or more." Accessed Nov 3, 2026.