Background Screening

Spaceghost · July 2005

Greetings! I am the HR Manager for a medium size business in California. My question is how far back can a company go in checking criminal records?

LivindonSouth · July 2005

Since some history purges out of some systems after the passage of years, like DUI, you might only get information limited to the past 4 or 7 years. Some history never purges though, depending on the type of crime, misdemeanor or felony and who archives it; feds, state, city, county, etc. Some states, I've heard, restrict an employer's right to even pay to have the inquiries run. Most do not, and you 'can' go back as far as the system allows.

When we pay a service to run criminal history search, we run federal and state (multiple if the applicant moved around) and at least the last 3 counties which we think the applicant lived in. I'm aware of no restrictions limiting how far back you are allowed to inquire or search.

mushroomHR · July 2005

The company we use to do our background checks only goes back seven years. We have changed our employment application accordingly to ask if they have any convictions within the past seven years.

Gillian3 · July 2005

I think that your limits will be determined by the policies of the reference checking companies, not by any legalities.

Open1 · July 2005

According to FCRA, the report can only go back seven years.

[url]http://www.ftc.gov/os/statutes/050131fcra.pdf[/url]

See pp. 22-23. Hope this helps!

LivindonSouth · July 2005

Notwithstanding several exemptions footnoted in the text, a close reading reveals that the seven year limitation (before revised altogether) related to information "other than convictions of criminal statutes". An employer is not limited as relates to criminal conviction information search or use of that information.

hhaynal · July 2005

We go back 7 years and check all counties lived in during that period, not just the last three addresses.

LivindonSouth · July 2005

Since you more than likely do not have the ability to run criminal checks independently, do you advise the agency you contract with that they should go no further back than seven years? If you do not, then your investigations are not limited to the past seven years.

Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion and with the gentlest of intentions.

Background Screening

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