How far back does a background check go? By state
Reporting limits are set by the FCRA and then tightened by about a dozen states. This lookup gives the rule for each state, the statute behind it, and the salary thresholds that change the answer.
Short answer
A background check reports non-convictions for seven years and convictions indefinitely — unless the state caps convictions too.
Under 15 U.S.C. §1681c, arrests that did not lead to conviction, paid tax liens, civil judgments, and most other adverse items drop off after seven years. Records of conviction are explicitly excluded from that limit and may be reported for life under federal law. California, Kansas, Maryland, Massachusetts, Montana, Nevada, New Hampshire, New Mexico, New York, Texas, and Washington restrict convictions as well, several of them only for positions paying below a salary threshold. Sealed and expunged records should not be reported at all.
The federal rule
The Fair Credit Reporting Act sets the floor. Section 1681c(a) bars a consumer reporting agency from reporting arrests and other adverse items older than seven years, and §1681c(a)(5) carves records of conviction out of that limit entirely. That single carve-out is why "background checks go back seven years" is only half true: it is right for a dismissed charge, and wrong for a conviction.
The seven years is measured from the date of entry of the adverse item. Bankruptcies run on their own clock — ten years from the date of entry of the order for relief.
The salary threshold exception
Several state caps disappear once the job pays enough. The FCRA itself lifts its limits for positions with an annual salary of $75,000 or more, and states that cap convictions typically set their own figure — often $20,000 or $25,000. If you hire across states, the practical effect is that the same record may be reportable for one of your openings and not another.
Lookback period lookup
Find the limit for the state you hire in
| State | Reporting lookback | Detail |
|---|---|---|
| Alabama | 7 years (FCRA default; no state cap) | Alabama has no state statute shortening the FCRA seven-year reporting window for arrests or non-convictions, and convictions may be reported indefinitely. |
| Alaska | 7 years (FCRA default) | Alaska defers to FCRA for non-conviction reporting; conviction history may be reported without a cap. |
| Arizona | 7 years (FCRA default) | Arizona reports follow the FCRA seven-year cap for non-convictions; convictions can be reported indefinitely. |
| Arkansas | 7 years (FCRA default) | Arkansas uses the federal FCRA window; sealed records under Act 1460 must not appear in the report. |
| California | 7 years (Cal. Civ. Code §1786.18) | ICRAA caps reporting of arrests not leading to conviction and most adverse non-conviction items at seven years. Convictions may be reported beyond seven years for positions paying $125,000+ when explicitly disclosed. |
| Colorado | 7 years (FCRA default) | Colorado follows the FCRA seven-year window; recently sealed records under SB 21-271 must be suppressed. |
| Connecticut | 7 years (FCRA default) | Connecticut applies the FCRA window. Erased records (CGS §54-142a) must not be disclosed by the candidate and must not be reported. |
| Delaware | 7 years (FCRA default) | Delaware applies FCRA timing; certain records may be expunged under 11 Del. C. §4373. |
| District of Columbia | 10 years conviction lookback (D.C. Code §2-1402.66) + Second Chance sealing (Jan 1, 2026) | The Fair Criminal Record Screening Amendment caps conviction reporting at ten years from completion of sentence and prohibits any consideration of arrests not leading to conviction. Effective January 1, 2026, the Second Chance Amendment Act (D.C. Law 24-284) phases in automatic sealing and expungement of decriminalized offenses — including pre-2015 marijuana convictions — and other eligible older records, and expressly bars criminal-history providers from reporting anything sealed, expunged, or set aside. |
| Florida | 7 years (FCRA default) | Florida follows the FCRA seven-year window; sealed or expunged records under F.S. §943.045 must not be reported. |
| Georgia | 7 years (FCRA default) | Georgia uses the FCRA window. Records restricted under O.C.G.A. §35-3-37 should be suppressed. |
| Hawaii | 7 years felony / 5 years misdemeanor (HRS §378-2.5) | Hawaii applies the country's shortest state-mandated conviction lookback: seven years for felonies and five years for misdemeanors from the date of sentence completion. |
| Idaho | 7 years (FCRA default) | Idaho uses the FCRA window with no state-imposed reduction. |
| Illinois | 7 years (FCRA default) | Illinois follows the FCRA window. Sealed and expunged records under 20 ILCS 2630/5.2 must be suppressed. |
| Indiana | 7 years (FCRA default; expanded for higher-pay roles) | IC §24-4-18 generally limits criminal-history reporting on convictions older than seven years; an exception applies for positions paying $75,000+. |
| Iowa | 7 years (FCRA default) | Iowa follows FCRA. Deferred-judgment records under Iowa Code §907.4 must not be reported as convictions. |
| Kansas | 7 years (FCRA default) | Kansas applies the FCRA window with no state-level reduction. |
| Kentucky | 7 years (FCRA default) | Kentucky follows the FCRA window. |
| Louisiana | 7 years (FCRA default) | Louisiana applies FCRA; expungements under La. C.Cr.P. Art. 971 must be suppressed. |
| Maine | 7 years (FCRA default) | Maine applies the FCRA window. |
| Maryland | 7 years (FCRA default) | Maryland follows FCRA. Shielded and expunged records under MD Crim. Proc. Art. §10-301 must be suppressed. |
| Massachusetts | 5 years misdemeanor / 10 years felony (M.G.L. c. 6 §172) | Massachusetts caps misdemeanor reporting at five years and felony reporting at ten years from disposition or release. |
| Michigan | 7 years (FCRA default) | Michigan follows FCRA. Clean Slate Act expungements (eff. 2023) must be suppressed. |
| Minnesota | 7 years (FCRA default) | Minnesota follows FCRA; expunged records under Minn. Stat. §609A must be suppressed. |
| Mississippi | 7 years (FCRA default) | Mississippi applies FCRA; expungement under Miss. Code §99-19-71 should be suppressed. |
| Missouri | 7 years (FCRA default) | Missouri applies FCRA. Expunged records under RSMo §610.140 must be suppressed. |
| Montana | 7 years (FCRA default) | Montana applies FCRA; the state has a wrongful-discharge statute that affects discipline based on prior records. |
| Nebraska | 7 years (FCRA default) | Nebraska applies FCRA. |
| Nevada | 7 years (FCRA default) | Nevada applies FCRA; sealed records under NRS §179.245 must be suppressed. |
| New Hampshire | 7 years (FCRA default) | New Hampshire applies FCRA; annulled records under RSA §651:5 must not be disclosed by the candidate. |
| New Jersey | 7 years (FCRA default) | New Jersey applies FCRA. Expunged records under N.J.S.A. §2C:52 must be suppressed. |
| New Mexico | 7 years (FCRA default) | New Mexico applies FCRA. Expunged records under N.M. Stat. §29-3A-3 must be suppressed. |
| New York | 7 years (NY Gen. Bus. Law §380-j) | New York follows the FCRA window for non-convictions; convictions may be reported beyond seven years for positions paying $25,000+ when explicitly disclosed. |
| North Carolina | 7 years (FCRA default) | North Carolina applies FCRA. Expunged records under N.C. Gen. Stat. §15A-145 must be suppressed. |
| North Dakota | 7 years (FCRA default) | North Dakota applies FCRA. |
| Ohio | 7 years (FCRA default) | Ohio applies FCRA. Sealed and expunged records under ORC §2953.32 must be suppressed. |
| Oklahoma | 7 years (FCRA default) | Oklahoma applies FCRA. Expunged records under 22 O.S. §18 must be suppressed. |
| Oregon | 7 years (FCRA default) | Oregon applies FCRA. Expunged records under ORS §137.225 must be suppressed. |
| Pennsylvania | 7 years (FCRA default) | Pennsylvania follows FCRA. Clean Slate sealing (2018, expanded by Act 36 of 2023) must be suppressed. In Philadelphia, the amended Fair Criminal Record Screening Standards Ordinance cuts the misdemeanor lookback from seven years to four (excluding periods of incarceration), keeps felonies at seven, and excludes summary offenses entirely. |
| Rhode Island | 7 years (FCRA default) | Rhode Island applies FCRA. Sealed and expunged records under R.I. Gen. Laws §12-1.3 must be suppressed. |
| South Carolina | 7 years (FCRA default) | South Carolina applies FCRA. Expunged records under S.C. Code §17-22-940 must be suppressed. |
| South Dakota | 7 years (FCRA default) | South Dakota applies FCRA. |
| Tennessee | 7 years (FCRA default) | Tennessee applies FCRA. |
| Texas | 7 years convictions (Bus. & Com. Code §20.05) | The Texas Business and Commerce Code §20.05 incorporates the FCRA seven-year cap into state law for non-convictions; convictions may be reported beyond seven years for positions paying $75,000+. |
| Utah | 7 years (FCRA default) | Utah applies FCRA. Expunged records under Utah Code §77-40 must be suppressed. |
| Vermont | 7 years (FCRA default) | Vermont applies FCRA. Expunged records under 13 V.S.A. §7601 must be suppressed. |
| Virginia | 7 years (FCRA default) + Clean Slate sealing (July 1, 2026) | Virginia applies FCRA. Expunged records under Va. Code §19.2-392.2 must be suppressed. Effective July 1, 2026, Virginia's Clean Slate chapter (Va. Code §§19.2-392.6:1 through 19.2-392.17) adds automatic and petition-based sealing for many misdemeanors and certain lower-level felonies, and §19.2-392.16 places direct limits on what a business screening service may disseminate. |
| Washington | 7 years (FCRA default) | Washington applies FCRA. Vacated records under RCW §9.94A.640 must be suppressed. |
| West Virginia | 7 years (FCRA default) | West Virginia applies FCRA. Expunged records under W. Va. Code §61-11-26 must be suppressed. |
| Wisconsin | 7 years (FCRA default) | Wisconsin applies FCRA. Pardons and expungements under Wis. Stat. §973.015 must be suppressed. |
| Wyoming | 7 years (FCRA default) | Wyoming applies FCRA. |
What the limits do not cover
Reporting limits govern the screening company. They are not the same as what an employer may ask about or act on. Fair Chance laws control when the question may be asked and what may be considered, and several jurisdictions bar considering old convictions even where reporting them is allowed. Sealed, expunged, and dismissed records sit outside both — they should not appear on a report, and if one does, it is a matter for dispute with the screening company.
Whether a reportable record should actually cost someone the job is a separate question entirely, answered by your hiring policy and the EEOC Green factors, not by the lookback rule.
Frequently asked questions
How far back does a background check go?
Under the FCRA, non-conviction information — arrests that did not lead to a conviction, civil suits, judgments, liens, and most other adverse items — cannot be reported after seven years. Convictions have no federal time limit and may be reported indefinitely. About a dozen states override that and cap convictions at seven years too, usually with an exception above a salary threshold.
Does the seven-year rule apply to convictions?
Not under federal law. 15 U.S.C. §1681c(a)(5) excludes records of conviction from the seven-year limit, so a conviction can be reported for life unless a state law says otherwise or the record has been sealed or expunged.
Which states limit convictions to seven years?
California, Kansas, Maryland, Massachusetts, Montana, Nevada, New Hampshire, New Mexico, New York, Texas, and Washington restrict how far back convictions may be reported, several of them only below a salary threshold. Check the state row below for the exact rule and statute.
Does the seven years run from the offense, the conviction, or the release date?
The FCRA measures from the date of entry of the adverse item. States vary — some measure from disposition, some from release from incarceration. That difference decides whether a record is reportable, so it is worth confirming per state.
Do salary thresholds change the lookback?
Yes. Several state caps lift once the position pays above a set amount — commonly $20,000, $25,000, or $75,000 depending on the state — at which point convictions may be reported without the time limit.
Can an employer look back further than the report does?
The limits govern what a consumer reporting agency may report. Separately, Fair Chance laws govern what an employer may ask about and consider, and sealed or expunged records should be neither reported nor considered.