Common Questions About Background Checks

Posted By: John Albanese October 5, 2016

Today I am going to answer some more frequently asked questions that we receive regarding criminal background checks.

My conviction from 20 years ago continues to show up on my background check. I thought companies could only go back seven years. Is this illegal?

Under an older version of the Fair Credit Reporting Act, criminal convictions could only be reported for seven years from the “date of disposition, release, or parole.” The statute, however, was amended in 1998 to eliminate that seven year rule with respect to convictions.

Under the current version of the Fair Credit Reporting Act, “records of convictions of crimes” can be reported indefinitely. 15 U.S.C. § 1681c(a). That means even if the conviction occurred over seven years ago, it can still show up on background checks. Dismissed charges and non-criminal violations, such as some driving violations, however, should not be reported passed seven years. There are exceptions to the seven year rule, such as if you are applying for a loan of $150,000 or applying for a job with an expected annual salary of over $75,000. 15 U.S.C. § 1681c(b).

Some states, like California, still limit the reporting of convictions to seven years, which may prevent old convictions from appearing on background checks if you live in those states. The interaction of state law and the Fair Credit Reporting Act can be tricky, and in some cases, state laws may be preempted by the Fair Credit Reporting Act.

I had a conviction but got it expunged. Why does it keep showing up on my background check?

This is an unfortunately common scenario. A person goes to great lengths to have their criminal conviction expunged and erased from the public record, only to have the expunged conviction continue to show up on a background check.

Many background check companies, and sometimes state agencies that sell data to the background check companies, do not update their data and report out-of-date information. Reporting out-of-date information can be a FCRA violation, and it should be disputed with the background check company. Disputes, however, can take up to 30 days, and sometimes the report is not fixed even with a dispute. Thus, I always recommend that you have plenty of copies of the court order granting the expungement so that you can present the order to the background check company or employer in the event that the background check is incorrect.

Are there companies that hire people with criminal records?

It can be very frustrating to try to find a job with a criminal record. Some employers will, however, consider candidates with a criminal record. There are a number of websites that provide information and tips regarding finding employment with a record. If you google “jobs for felons,” you will find a number of resources than can help you in your search for work.