How Far Back Can Employers Check Criminal Background In Georgia

How far dorsum does a background cheque go? In full general, background checks comprehend 7 years of criminal and court records, simply some go dorsum further. Federal and state employment laws may also limit how far back employers can search.

Learn how far dorsum different kinds of background checks tin can go, including pre-employment checks, credit checks, and criminal records checks.

Employers should exist knowledgeable most the different types of background checks—and how far dorsum each specific blazon of check can extend—so you can brand informed decisions about who you're hiring, to confirm they're qualified for the position, and to reduce adventure to other employees, volunteers, clients, or your company's reputation.

Because dissimilar background checks tin can vary in how much candidate history can exist checked legally and used compliantly, it's important to understand the areas that may affect the length of history that is checked in a candidate's background.

For example, compliance regulations in certain states and cities may bear upon how far back yous tin wait. Yous'll likewise demand to know what's included in specific background checks, such as employment credit checks, criminal records checks, and full general pre-employment checks. Go on reading to detect out more.

GoodHire's background check platform makes it easy to order reports and review results.

How Far Back Do Background Checks Get?

Different types of background checks look for different results and comprehend dissimilar lengths of fourth dimension in a candidate'southward personal history. In general, background checks typically cover 7 years of criminal and court records, but can go back further depending on compliance laws and what is being searched.

Keep in mind that where you lot hire plays into the rules, regulations, and compliance for different types of checks which impact how far back into a person'south history is looked at and what can be checked.

Here is a quick visual of how far back each blazon of check can go:

Type of Check	Length of Time
Pre-employment background checks	Pre-employment background checks are commonly used by employers when doing an assessment and typically cover vii years of criminal and court records, but can go back further depending on compliance laws and what is being searched
Bankruptcy checks	Bankruptcies can go back every bit far as 10 years
Credit history checks	Employment credit checks become back 7 years, or ten years depending on the candidate's expected bacon and specific country laws. Some state laws may further restrict what specific kinds of credit data can be reported and for how long
Criminal felonies	Felonies may be reported indefinitely, or restricted to 7 or 10 years, depending on the state where the candidate lives or works
Criminal misdemeanors and small infractions	Misdemeanors may be reported indefinitely, or restricted to 5, 7 or 10 years, depending on the state where the candidate lives or works
Driving records check	Driving records may go back between 3 to 10 years, depending on the country
Educational history	May be verified throughout their lifetime
Employment history	May be verified throughout their lifetime
Professional person license verification	May be verified throughout their lifetime

Regulations and Restrictions

Although 60 minutes teams have plenty of choices when it comes to screening tools, employers must follow federal compliance regulations and adhere to local laws when using background checks to make decisions about employment.

FCRA Regulations

According to federal FCRA guidelines, there are specific guidelines around how far dorsum any specific background check can search in an employee or candidate'south history. Consumer reporting agencies (CRAs) may not report whatever of the following information in a consumer written report, or background check:

Title 11 or bankruptcies that are older than 10 years from the date of the report
Ceremonious suits, ceremonious judgments, and records of arrest that are older than 7 years
Any paid revenue enhancement liens older than 7 years from the date of the report
Collections that are older than seven years from the date of the report
Adverse information (exterior of criminal convictions) that are older than seven years from the engagement of the report

Other Regulations (State Laws)

To complicate things, information technology tin be difficult to know about, understand, and keep up-to-appointment about specific details that only use to jurisdictions where your candidates live and piece of work, which tin additionally restrict how far back you can bank check in a candidate's history.

For example, some state and local fair-hiring and ban-the-box laws limit how far back a criminal background check tin extend. Several states also accept restrictions on how employers can utilise employment credit checks in hiring. This data will be covered in subsequent sections of this article.

How Far Dorsum Do Credit Checks Go?

An employment credit bank check typically covers seven years. More serious financial cases like bankruptcies can be reported for up to ten years. And if the applicant is applying for a role with a salary of $75,000 or above, up to 10 years of financial history tin can be viewed on an employment credit check, where country law allows.

Several states, including California, Colorado, Connecticut, Hawaii, Illinois, Maryland, Nevada, Oregon, Vermont, and Washington, forth with a few cities, like New York City, Washington DC, Philadelphia, and Chicago, have restrictions on how employers can use employment credit checks in hiring. GoodHire provides a detailed resource to help you lot better understand your local and state laws.

Employers, particularly in the financial services arena, run credit checks on applicants to flag for the potential for future legal or employment bug caused by fraud or embezzlement. In some jurisdictions, the apply of credit history may be prohibited unless the employer or employee falls into ane of these special categories:

Handle big amounts of coin
Work in a managerial capacity
Take admission to trade secrets
Work in a field (such as financial services) in which regulations crave credit reports

The FCRA regulates credit checks and requires that the bidder or employee give written permission in order for the requestor to obtain the credit study. Additionally, y'all must follow the adverse action process if y'all decide not to hire a potential candidate based in part on the results of the credit history written report. Important to note, too, is the requirement in some states and jurisdictions to disclose to the bidder the provision nether the applicative credit history law that allows the employer to obtain and apply credit history in its hiring decision.

How Far Dorsum Do Criminal Background Checks Become?

Criminal convictions may be reported indefinitely, regardless of salary level, unless state and local off-white-hiring and ban-the-box laws in the state where the candidate resides restricts disclosure of convictions that are older than seven years (encounter table for details).

At the state and canton levels, misdemeanor criminal records are typically reported for the past seven years, but can go back further if records are bachelor and readily accessible (for instance, if the jurisdiction's records are digitized) and use of criminal records is not restricted by local laws. Juvenile records and other courtroom-sealed documents typically do non appear in a criminal background search.

The following table gives you an overview of land conviction records restrictions.

State Regulations Regarding Criminal Background Check Restrictions

Land	Length of Fourth dimension
California	Restricted to 7 years, and fully granted pardons or arrests non leading to conviction cannot be reported
Hawaii	Restricted to 7 years for felonies, and five years for misdemeanors/infractions*
Kansas	Restricted to seven years, unless the candidate's expected annual salary will exist equal to or greater than $20,000
Kentucky	Restricted to report only convictions, no fourth dimension restrictions
Maryland	Restricted to 7 years, unless the candidate'south expected almanac salary volition equal or greater than $20,000
Massachusetts	Restricted to seven years
Montana	Restricted to 7 years
New Hampshire	Restricted to 7 years, unless the candidate's expected annual bacon volition be equal to or greater than $xx,000
New United mexican states	Restricted to 7 years, and any offenses which did non lead to conviction may not be reported
New York	Restricted to 7 years, unless the candidate'southward expected almanac salary will be equal to or greater than $25,000
Washington	Restricted to 7 years, unless the candidate's expected annual bacon will equal or greater than $20,000

* [Updated 9/21/2020] Hawaii amended its ban-the-box law on September 15, 2020, to further strengthen protections for people with criminal records.

Criminal background checks are typically used when there is a need to know nigh major criminal action, like violent or sexual practice crimes, fraud, embezzlement, or other felony convictions. These checks will reveal felony and misdemeanor criminal convictions, pending criminal cases, and a candidate'southward history of incarceration as an adult.

Arrests pending prosecution may besides be reported, and arrests that did non lead to convictions may also appear in some background checks, although GoodHire excludes them from its reports to arrange to Equal Employment Opportunity Committee (EEOC) guidelines.

What Will A Pre-Employment Background Check Reveal?

Depending on your jurisdiction, the search you use and the position you're hiring for, employers may check a candidate'south criminal and/or civil court records, driving records, and credit history, also every bit verify education or professional licenses and verify employment history. Larn more nigh what shows up on a groundwork check.

Based on state and federal laws, some fourth dimension limitations may determine what can come dorsum on an employment background cheque.

If the salary for the position you're hiring for is less than $75,000, some information (such as ceremonious judgments, government sanctions and discipline on professional licenses, for example) that'south older than vii years will not be reported on background check results.

Nevertheless, if the salary for the position is $75,000 or more than, that information may announced in the results, even if it's older than seven years.

If the task role requires operating a vehicle, yous may wish to cheque a candidate'due south motor vehicle records. A motor vehicle records check will report whether the candidate'due south driver's license is active or not, their driving course, if they have any driving-related felony or misdemeanor convictions, or any moving violations, suspensions, or restrictions. Since DUIs are a felony conviction, they may also be reported in a criminal background check, depending on your jurisdiction.

Some employers may require employment drug testing for jobs that involve the performance of motor vehicles, hazardous or delicate equipment, or if the job clarification includes the responsibleness for public safety, including customers or beau employees. If drugs are present, the results reported in a drug test will vary depending on the blazon of drug screening console that is used.

Felony charges, misdemeanor charges, any pending criminal cases, and whatever history of developed incarceration can testify up on a pre-employment national criminal background bank check, so exist prepared to follow compliance regulations and any applicable fair-hiring and ban-the-box laws applicative to your business. Arrests pending prosecution may likewise show up on a report. And although arrests that did not lead to convictions might appear on groundwork cheque reports from other CRAs, GoodHire makes a betoken of excluding them to conform to EEOC guidelines.

How Far Dorsum Should Employers Look?

In that location are some instances where y'all may want to expect farther back than others—like when the chore position works with at-chance populations, the public, or vulnerable populations and people who are non able to care for themselves. In these circumstances, employers may expect farther back during a background check than the above-outlined time periods where permitted past police force.

But don't forget that groundwork checks are regulated both federally and at the country level, so exist sure to follow the established regulations and laws regarding FCRA disclosure and authorization. Also, always follow the adverse action procedure if the results of a groundwork bank check prompt a decision not to hire. Failing to do so could result in hefty fines and potentially put your company at take a chance for lawsuits.

Background Checks The Easy Way

Consumer reporting agencies like GoodHire can help you set upward a groundwork bank check program that works for your business. GoodHire is FCRA compliant and accredited by the National Clan of Professional person Groundwork Screeners (NABPS). Nosotros brand groundwork checks simple for employers and candidates by automating common compliance processes, such as candidate consent and our localized adverse activity process, which includes a congenital-in style to help you lot follow all federal, country and local laws.

If you're looking to starting time using background checks at your company, or would like to talk to our experts nearly how GoodHire can assist streamline and enhance your existing employment screening program, go far touch.

Illustration showing a criminal background check

Disclaimer

The resource provided here are for educational purposes merely and do non constitute legal communication. We advise you to consult your own counsel if you lot take legal questions related to your specific practices and compliance with applicable laws.

Most the Author

As GoodHire'southward managing editor, Sara Korolevich produces educational resources for employers on a variety of employment screening topics, including compliance and screening all-time practices, and writes about GoodHire's company and product news. Sara's experience stems from xx+ years working as a B2C and B2B PR and communications professional.