How Far Back Do Nursing Background Checks Go

Questions and Answers, how far back do background checks go

How Far Back Does a Background Check Go? (2022 update)

How far back do groundwork checks become? Surprisingly to some, nothing in federal police force restricts how far back an employer can look. The Fair Credit Reporting Human action (FCRA) likewise does not cover criminal records. The length of the "lookback period" is a common concern amid employers and job seekers regarding pre-employment vetting. The truthful answer varies depending on the type of background check and the location of the parties in question.

Some types of investigations have more extended lookback periods than others. Local ban-the-box laws tin likewise touch businesses and candidates. Read on to learn most the many types of checks and how far back they may become.

Types of Checks and Their Lookback Period

The type of records in question is the main variable impacting lookback periods. Considering land laws can vary substantially, employers should always consult with an attorney or review relevant local legislation before beginning any vetting. Background information providers, including backgroundchecks.com, also strive to keep rail of these laws and their changes and may be able to assist employers in designing compliant policies for specific locales.

Hither is an overview of common length restrictions regarding the different kinds of groundwork checks:

Pre-employment background checks

Seven years is the most common lookback period for employment-related criminal checks beyond jurisdictions. Some states allow employers to await back an entire decade, while others don't take any time limitations. Still, these laws tin can have subtle variations. For case, the lookback menstruation may change based on whether an private has just been convicted and sentenced or has already completed their jail term.

Level 2 check

The term "Level 2 bank check" does non have a unanimous definition. Some report providers use terms such equally "Level i" and "Level 2" to delineate between tiers of investigation service packages.

Florida separates investigations into Level 1 and Level ii categories, though it is the only country to do so as a matter of law. In Florida, a Level 1 investigation is a less in-depth check. These reports can include a Florida-only proper name-based criminal search, an employment history verification screening, additional local county criminal searches, or sex activity offender registry checks.

A Level ii assessment is more in-depth, incorporating fingerprint-based searches of Florida Section of Law Enforcement records and national FBI databases, along with more localized crime tape searches with county courthouses or law enforcement agencies.

And so how far back does a background bank check go in Florida at Level 2? Florida has no laws that limit how far dorsum an employer can look into a candidate's past regarding criminal convictions. Nevertheless, the country does abide by national laws, including the FCRA. The FCRA'south "7-year rule" mandates that arrests not be reported for more than seven years on any background check. Florida follows these rules fifty-fifty for Level two background checks.

Credit check

Employment-related credit history checks can also typically go dorsum seven years, though land laws sometimes allow a 10-year lookback period. Decade-long lookbacks are virtually often associated with jobs with very loftier salaries or a slate of high-level chore responsibilities involving the direction or handling of finances.

In recent years, there has been pushback about the relevance of credit history to most jobs. That pushback has led to a vigorous legislative movement that has resulted in the banning or restriction of the utilize of pre-employment credit history checks in several states and localities.

Equally of 2022, 11 states (California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Nevada, Oregon, Vermont, Washington) and the Commune of Columbia have laws restricting employment-related credit check use. Several major jurisdictions—including Chicago, New York City, and Philadelphia—have passed like laws.

Employers in these areas should review all compliance requirements before using credit history screenings equally part of their employment process.

Driving record bank check

The lookback flow for driving record checks varies more dramatically than most other investigations. Depending on the country, driving records tin await back ten years or equally little as three years.

Misdemeanors and pocket-sized infractions

The severity of a crime can impact the lookback menstruum in some jurisdictions. In some states, employers can access felony convictions for an indefinite period. Other states restrict this information to the seven-yr or ten-year lookback periods. Reporting times for misdemeanors may vary based on state and local laws.

Verification checks

Verification checks (including educational credentials, employment history, and professional person licenses) are not restricted by lookback periods.How far does a background cheque get when it's meant to help an employer verify a caste? Functionally, these checks tin span a candidate'southward entire lifetime.

Rules & restrictions

So far, nosotros've explored the full general rules that apply to background screening lookback periods. Nonetheless, for truthful compliance, employers need to be aware of specific rules and regulations that may apply to them.

Typically, these regulations fall into two categories: FCRA requirements, which utilise to all employers nationwide, and country regulations, which vary significantly from 1 role of the country to the next.

Fair Credit Reporting Act (FCRA) regulations

The FCRA limits the adverse information that a reporting company or credit bureau tin can report to an employer. Under the FCRA, background screening companies cannot include bankruptcy cases if the reports are older than ten years. Despite these decade-long lookback periods, the FCRA's most well-known length limitation on checks is the seven-year lookback rule.

The seven-twelvemonth wait dorsum dominion

Per the FCRA, groundwork checks are prohibited from including many items of agin information if they are older than vii years. These items include paid tax liens, accounts in collections, civil suits or related judgments, and especially arrest records. Therefore, the most mutual lookback menses across the country is seven years. Because the FCRA is a federal police force, all employers must follow this rule.

Criminal history and the FCRA

While it does cover arrests, the FCRA does not have any rules restricting how long criminal convictions tin announced on a background check. Based on the FCRA alone, misdemeanors and felonies tin can be reported on criminal background checks every bit long as they remain on an individual's tape.

Country regulations

While the FCRA does not limit how far into the past employers can await into their candidates' criminal histories, this law is not the but relevant regulation.

Many states accept their own laws most how long adverse information can appear on reports. These laws frequently prohibit criminal check companies from reporting any criminal information (including convictions) that are more seven years old at the time of the check.

Keep in mind that these states currently accept laws restricting the lookback periods for criminal checks:

STATE	LOOKBACK RESTRICTIONS
California	Criminal convictions can only be reported for vii years
Hawaii	Felony convictions can only be reported for seven years; misdemeanor convictions tin can just be reported for five years
Kansas	Employers cannot consider any criminal history more than seven years onetime unless the almanac salary of the chore in question volition be $20,000 or over
Maryland	Employers cannot consider whatsoever criminal history more seven years old unless the annual salary of the job in question will be $xx,000 or over
Massachusetts	Criminal convictions can only be reported for seven years
Montana	Criminal convictions can just exist reported for seven years
New Hampshire	Employers cannot consider any criminal history more than vii years old unless the annual salary of the job in question volition be $20,000 or over
New United mexican states	Criminal convictions tin can simply exist reported for seven years
New York	Employers cannot consider whatever criminal history more than than seven years old unless the annual bacon of the job in question volition exist $75,000 or over
Texas	Employers cannot consider any criminal history more than seven years old unless the annual salary of the job in question will exist $20,000 or over
Washington	Employers cannot consider any criminal history more than vii years old unless the annual salary of the job in question will be $20,000 or over

Even if employers tin can look back as far equally they want into a candidate's criminal history, older convictions may not e'er weigh as heavily every bit more recent crimes. The Equal Employment Opportunity Commission encourages employers to consider the length of time since a confidence as part of their procedures.

Employers should also be enlightened that their state'southward history restrictions may not be limited to time. For case, many states have laws prohibiting employers from considering non-conviction arrests. An abort without a conviction is not an indicator of guilt and should non be used as a disqualifying cistron.

Ten states (Arizona, California, Hawaii, Maine, Massachusetts, Michigan, Montana, New York, Pennsylvania, and Wisconsin) ban employers from considering any abort records. V others (Georgia, Maryland, New Jersey, Washington, and Texas) restrict employers from using arrest records for employment decisions in certain situations, such as if the candidate was arrested but is a first-time offender (Georgia).

Read our white newspaper nigh employment criminal checks and abort recordsfor a more detailed overview of these laws and to understand legislative restrictions on how far groundwork checks become.

Michael Klazema

About Michael Klazema The writer

Michael Klazema is Principal Marketing Technologist at EY-VODW.com and has over two decades of feel in digital consulting, online product management, and technology innovation. He is the lead author and editor for Dallas-based backgroundchecks.com with a focus on man resource and employment screening developments.