What is on a criminal background check for employers?
An employer criminal background check typically searches court and criminal records for convictions and pending cases, often alongside identity checks. Which records appear depends on the package and the places searched. Under the Fair Credit Reporting Act, arrests older than seven years are generally excluded, while convictions have no time limit in that section.
US federal rules as of 31 October 2026. State and local laws can limit what you may use.
At a glance
- A "criminal check" is usually a search of county, state or national records. Coverage is never complete, so scope it to the role.
- The FTC lists work history, education, criminal record, financial history, medical history and social media use as the kinds of background information employers may look for.
- A report from a screening company is a consumer report, so FCRA notice, permission and adverse action steps apply.
- Record limits and fair chance rules vary by state and city.
What can appear in a criminal record search?
| Item | What it is | Notes |
|---|---|---|
| Convictions | A finding of guilt or a plea | Federal law sets no time limit on reporting convictions; some states do. |
| Pending cases | Charges not yet resolved | Some states and cities restrict using them. |
| Arrests without conviction | Arrest records | Under federal law, generally not reportable after seven years, and states may restrict earlier. |
| Dismissed or sealed cases | Resolved without conviction or sealed by a court | Many states bar their use in hiring. |
| Identity trace | Name and address history | Used to decide which courts to search. |
Beyond criminal records, packages can add identity verification, employment and education verification, driving records and drug screening. Each has its own rules, and some require extra notice.
What limits apply?
- Seven-year rule. Under 15 U.S.C. 1681c, arrest records are generally excluded when they are more than seven years old, or until the statute of limitations ends if longer. Records of convictions are not subject to that seven-year limit.
- Salary exception. The same section lifts these limits for a job at an annual salary of 75,000 dollars or more, but state law may still restrict reporting.
- EEOC. Use the same standards for all applicants. A policy that excludes people with certain records can violate federal law if it disadvantages a protected group and is not job related and consistent with business necessity.
How should you use the results?
- Give the candidate a stand-alone written notice and get written permission before ordering.
- Order only after a conditional offer where fair chance rules require it. See ban-the-box laws.
- Read the report for relevance to the job: what the offense was, how long ago, and the duties.
- If a result may change your decision, send a pre-adverse action notice with a copy of the report and the summary of rights, then wait before the final decision. See FCRA pre-adverse action.
- If you reject, tell the person in writing, name the company that sold the report, and explain their right to dispute it and to get a free additional report within 60 days.
- Store the report securely and dispose of it when your recordkeeping duty ends. The EEOC says to keep hiring records for at least one year.
FAQ
Does a background check show every arrest? No. Coverage depends on which databases and courts are searched, and the law limits what can be reported.
Can I ask about sealed records? Many states prohibit it. Check yours.
Can I do the check myself on public sites? If you do not use a screening company, FCRA may not apply, but discrimination and state laws still do. A professional screening provider is the safer route.
Sources
- FTC, Background Checks: What Employers Need to Know - https://www.ftc.gov/business-guidance/resources/background-checks-what-employers-need-know (accessed 31 October 2026)
- EEOC, Background Checks: What Employers Need to Know - https://www.eeoc.gov/laws/guidance/background-checks-what-employers-need-know (accessed 31 October 2026)
- 15 U.S.C. 1681c, Requirements relating to information contained in consumer reports - https://www.law.cornell.edu/uscode/text/15/1681c (accessed 31 October 2026)
This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.