What Cannot be Included in a Background Report?
The FCRA has a general seven-year rule as the limit for reporting negative information on an employment background check. One exception is that under the FCRA criminal convictions can be reported indefinitely except in 12 states where state civil code defines the length of time the information can be reported. For example, in California, criminal convictions can only be reported for seven years unless another law requires employers to look deeper into your background. The FCRA also has a ten-year limit for reporting bankruptcies. The FCRA or State Civil Code does not apply if another law requires a government agency or employer to conduct a certain type of background check. Many jobs require an employer to check for criminal convictions far beyond the seven-year limit included in some state civil codes. For example, operators of residential care facilities for the elderly and the facility’s employees are subject to a “full criminal records” check.
