How Far Back Do Criminal Background Checks Go?
Any felon looking for a job knows that the hardest part of the process is to pass the background check mandatory for most employers. Many people wonder how far back a criminal background check goes, so that they can assess their chances of passing it.
Will you always have to worry that a potential employer will be able to dig up your criminal records, even if you go across state lines?
Unfortunately, a felony will ALWAYS stay on your record (unless you can get it expunged). This means that any employer, bank, or law enforcement agency will be able to access this information at any time.
However, when it comes to getting a job as a felon, some states have more lenient rules on how employers can use background checks, and offer everyone a fair chance at employment. So lets’s go over that!
What will an employer learn from running a background check?
A criminal background check is required by law in any field that deals with someone’s private information. In particular, these are health care, financial, and insurance companies. However, any business, small or large, can order a background check.
This is what will show up on the criminal record:
Full name, age and date of birth
Any alias’ and maiden names
Current address, phone number, previous addresses within the past ten years
Marriages and divorces
Convictions of felonies, misdemeanors, and sex crimes
Arrests and court records (Dockets, orders, decrees, judgments)
Warrants
Incarceration records
Federal and state tax liens
Federal and civil judgments
Federal and state bankruptcies
How Far Do Background Checks Go?
On the national level, the Fair Credit Reporting Act (FCRA) determines how many years after the conviction employers may see all information related to the crime.
The rule is – there is NO TIME LIMIT, if there was a conviction. Even if your felony was 35 years ago, this information can be accessed as part of an employment background check.
However, if there was a felony arrest ONLY, it can be reported for longer than seven years.
The good news is that on the state level, many states put a limit on how far back prospective employers can search someone’s criminal records. The following states restrict reporting information on any case older than SEVEN YEARS date of deposition, end of parole, or release from prison.
California, Colorado, Kansas, Maryland, Massachusetts, Montana, Nevada, New Hampshire, New York, Texas, and Washington.
However, there are some salary limitations that can change this rule. In California, if the salary is over $125,000, an employer can look as far as 10 years.
In Texas and Colorado, the 7 year limit does not apply if the salary is over $75,000. In Massachusetts Kansas, Maryland, Montana, Nevada, New Hampshire, New Mexico, New York its $25,000 income exception, and in Washington its $20,000.
Some states forbid reporting cases where the court has found you NOT GUILTY: Hawaii, Massachusetts, California, Kentucky, Indiana, Alaska, New York, Michigan.
The following states have extremely strict laws. They will report felony conviction of an UNLIMITED number of years back. They also report NOT guilty verdicts. Mississippi, Missouri, Nebraska, New Jersey, North Carolina, North Dakota, Ohio, Oregon, Rhode Island, Alabama, Arizona, Arkansas, Connecticut, Delaware, DC, Florida, Idaho, Indiana, Iowa, Louisiana, Maine, South Carolina, Tennessee, Utah, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming.
If you live in one of the states listed above, you may have a much harder time getting a job, even in your felony is 15 or 20 years old. If this has been your experience, you should consider moving to state were reporting laws are more lenient and favorable to people with felony convictions.
Do Background Checks Sow Misdemeanors?
Yes, a felony will always come up, there is no way to hide it, unless you have your records expunged.
If an employer is running specifically a criminal record background check, it usually reports misdemeanors, felony level crimes, sex crimes, as well as legally reportable none-convictions.
Moreover, the employer will also be able to see your incarceration records, as well as previous drug test records.
Keep in mind, that in most states even pending charges will show up on a background check. The state of Arkansas is an exception – misdemeanor charges will not show up on your records, but any pending charges still will. Also, note that pending charges show up in a particular county. So if an employer only runs a background check for a specific county, but your crime has taken place in a different county, those charges will NOT SHOW UP.
However, this is a very rare scenario, because now days most employers (especially large companies) run very thorough background checks to avoid exactly this kind of situation, and make sure that they are not missing any important information on the candidate.
While this may see very scary, and completely ruin your chances of getting a job, its good to know this ahead of time.
If you know that a prospective boss will see this information about you, it gives you the chance to mentally prepare yourself for any of his questions and come up with good answers to explain what happened.
Sometimes there is no good way to explain away or justify your past crimes. In this case, prepare to be honest, admit to the mistakes you have made and describes the ways in which you have changed and have become a better person. Someone who can be trusted, and will not commit a crime again.
Level 1 vs Level 2 Background Check
Many felons want to know what is the difference between Level 1 and Level 2 background check?
Its important to realize that these terms “Level 1” and “Level 2” pertain only to the state of Florida. They are not used in any other state or by the FBI.
Here is what they mean in Florida:
Level 1 background check refers to a name based check done in the state only, as well as an employment history check.
Level 2 background check refers to a national and state fingerprint based check. It is mandated for employees who are holding positions of responsibility and trust.
Therefore, it is highly unlikely that if you are a felon looking for a job in Florida that you would be subject to a Level 2 background check. It will only be Level 1.
Will A Felony Show Up In A Different State?
You may wonder whether your felony will only show up in the state where it has been committed. Usually, the answer is “NO”.
Any employer, in any US state can access full criminal records of other states. Typically, employers will look at the following:
– Based on the current address, they can access criminal records in this state.
– When they see all your other addresses, they typically run individual checks for each of those states, and get your records.
– They also do a Federal Criminal Record Check, which discloses any federal crimes, or crimes committed on federal property.
– Finally, most companies also run additional Statewide, Nationwide, Sex Offender Registry, and Home Land Security searches, to ensure that the are hiring someone who is not on any of these lists.
The only way for your prospective boss to miss felony convictions from other states is if he only runs the basic County background check, and stops there. However, this is very rare.
What Is The Ban The Box Initiative?
This is a policy that basically asks employers to remove the “criminal convictions” question from the job application.
This gives someone with a felony a fair shot at presenting their qualifications and skills on the application as well as at the interview, BEFORE the company does a criminal background check.
As a result, this policy greatly helps ex-cons to get hired, because prospective employers don’t immediately perceive them as criminals and reject them pretty much on the spot.
Ban the box has started back in 2009, and has since been implemented in 30 states across the US. They are:
Arizona, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Indiana, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, Ohio, Oklahoma, Oregon Pennsylvania, Rhode Island, Tennessee, Utah, Vermont, Virginia, Wisconsin.
President Obama has actively supported and endorsed this initiative on the national government level, and directed all federal agencies to DELAY inquiries into applicant’s criminal records, until the final stages of the hiring process.
Ten states have gone even further. California, Connecticut, Hawaii, Illinois, Massachusetts, Minnesota, New Jersey, Oregon, Rhode Island, and Vermont have mandated private employers to remove conviction history questions from job applications.
Its important to be clear, that in these states employers CAN STILL RUN CRIMINAL BACKGROUND CHECKS and see your history.
However, by they time they do this, you may have already convinced them that you are the perfect candidate for the job, and they will still want to hire you.
About The Author
Joe Hunter
Joe is the founder of HireFelons.org. Having had friends and co-workers who have a felony conviction, Joe Hunter decided to use his expert knowledge in starting a successful business to launch HireFelons.org and teach as many former felons as possible how to earn a decent income, when finding a traditional job is simply not an option.
I have been working at my job now for almost 7 months. It is a state gov job. I love this job and I am great at it, but yesterday, I got an email from my recruiter, requesting a back ground check. I thought they did this in the beginning but it turns out, I am working for one of the Ban the Box States. I have a felony drug conviction from 2013 and now I’m just heart broken and scared that I’m going to lose this job. Is there any chance I won’t be fired?
Hello all! I live in AZ. I have been arrested probably 8 times (seriously can’t remember how many times bc there were so many) from 18yo-34yo, some cases dismissed, some not guilty, 2 dismissed after diversion, 1 plea deal (from felony to misdemeanor) w unsupervised probation completed wo issues…all misdemeanors in the end and set aside. I’m on the job market for the first time and am gravely worried. I would like to run a background check on myself to see what a prospective employer sees…can I get a list of reputable service providers to get this done? How do we find out what type of background check (county vs state vs federal) an employer will perform? Do we have a right to ask for a copy of it after they’ve run it? Anybody have any ideas on how to get away from this stuff? I’m educated AAS and BS, high gpa in both programs 3.75 and 4.0, intelligent, articulate, knowledgeable but I’m up against a wall with these background checks. I agree with everybody else, not only are we repeatedly punished but potentially for the rest of our lives and it’s inhumane. We have a right to good paying jobs not simply Walmart or Starbucks. We should be able to earn to our full potentials irrespective of the background check and we’re getting shit on over and over. Sorry for venting but it hurts.
I had felony convictions in the late 80’s. one for burglary and one for forgery. I am applying for a thoroughbred owners license in Florida. Can I legally be denied that license for crimes that are over 30 years old when I have not been in trouble of any sort since?
question: I have a felony from 19 years ago, I was just let go from my job in California for this . Can they do this
NO THEY CAN NOT AND YOU NEED TO SUE. IN CALIFORNIA ITS 7 YEARS ONLY PERIOD, REGARDLESS OF INCOME
Yes but was the cause of termination the felony conviction or that it was not disclosed by you at time of hire if required .
Yes, if you did not tell them. That’s lying on your application and you can immediately be fired. Also depends if your state is an at will. If so, they don’t need a reason to fire you. They just can.
Since you indicated that you have been let go from a job for being a felon I assume you were either not asked if you had a prior conviction or neglected to inform the employer when asked on the application. If you were not asked the answer to your question is no, you cant be fired for being a felon unless the company has begun a new service or perhaps accepted a contract which doe’s not allow them to employ felons. In this case you could be let go but should be entitled to receive unemployment compensation. If you failed to disclose a conviction when asked prior to being hired then yes, you can be fired simply for lying on the application.
I live in Tennessee and they implemented Ban the Box which just means they ask about your criminal history at the end of the hiring process. I’ve been hired at four places, got my schedule, toured the facility, filled out my W-2 only to be asked about my background and either never heard from the place again or received an email or call letting me know that they weren’t hiring at that time. My felony is from 2002.
I am having a difficult time finding a job. It could be my resume or my criminal record. I was arrested twice on two different occasions, both times in one of the stricter states. Both arrest charges were of a similar nature, both charges were misdemeanors, and both times the charges were eventually dropped. However, even though both charges were dropped, I was still assigned a FBI EIN, which is basically a tracking number by the FBI. I am wondering if this shows up in a homeland security search by employers? I have heard that employers typically dont do a background check until after your first interview, but there is no way to way to know what goes on behind closed doors. Companies could be running a background check before an interview. Does anyone know if the FBI EIN shows up on an employee background check, specifically the national homeland security background check? I know some people are thinking that this comment may have a ficticious sound to it. How can you get an FBI EIN with a misdemeanor charge that was dropped? Well, you can get one this way! Believe it! It is wriiten in my arrest paper work by the FBI that I was given an FBI EIN. As far as I know, EIN’s can never be dropped, like arrest or ther charges can. You have an EIN for life.
Did you know that 600, 000 Americans each year are wrongfully denied a job because the information on their background check is wrong. The most common issue revolves around incomplete files and negligent record keeping. Which indicate arrest and charge but fail to follow through to disposition. With one third of felony arrests never leading to convictions. Thetes plenty of room for error. I am a victim of a false background check in which I was denied four jobs in which I applied. According to the FCRA- Fair Credit Reporting Act. A company can be sued and held liable for damages and can pay you up to 1,000
I have a pretty long criminal record armed robbery,2nd degree kidnapping aggravated assault,many weapons charges I was convicted and served 4.5 years in prison I was paroled in 1985 finished my parole with no problems and have not been in any trouble since I was 18 when it happened I’ve never had to worry about background checks before now I’m out of work and looking and first job I apply for wants a background check I need this job I take care of my daughter and her two infants and my wife she doesn’t make enough to support all of us I’m hoping that they don’t look back so far
I hope you find something but sometimes you have to create your own job. You can be open to what problems other people have that you can solve. People pay to have problems solved. Can that be a small business? On inmates to entrepreneurs.org there is a free online course teaching how to start a business. Also, here is a list of felon friendly companies https://www.hirefelons.org/best-jobs-for-felons/
just because they hire felons doesn’t mean they don’t look at the nature of your crime. Since it was violent you probably have a harder time than a person with a non violent history. Scroll down on that site, it takes a second to get to the list but places you heard of like home depot and Starbucks are on there. In the meantime if you drive you can always get a friend to sign up for an on demand gig like uber eats, doordash, cavIar etc. I don’t know if you are in a city where there is demand but that’s what I did in NY while i was on the run. I couldn’t work in my name but i had access to work under someone else’s name via the app. Once they sign up you just pick up the orders and drop off. No one pays attention to the actual person. It’s assumed because you have the order on your phone you have access. Of course you have to work out what to pay the person letting you work in their name. I was able to make $50 some days but $150 on others, in 3 to 4 hours. Depends on the orders that come to your phone, the tips and the city you work in. But that’s good for cash right away while you figure out something more stable. Good luck! Stay optimistic and have faith.
Ann thank you so much for your honest feedback. I know there are many people that wonder what to do and this whole situation forces creativity. I love the idea of starting a business and becoming your own boss!
I make no excuses for my crime. Let me start there. I want no pity party, however i have to at least tell my story and maybe get some help .. I was a single mother of 5 , in toledo Ohio. I am uneducated, left home at 15 from an abusive father. Worked my way up from waitress to a supervisor at the CLERK OF COURTS where i was i valuable employee and worked very hard. It was also there where i became a young grandmother of 5 within 14 months. Still having children at home. This is where my world changed. I had grown children, a brother and a sister that were habitual drug addicts and i became sick as well. Having the sick mind to take care of everyone after the birth of grandchildren. I stole 50,543.00. From 2006 till 2008. I resigned, left state for a bit, but ultimately turned myself in. Sorry for being long winded but they tripled the amount i took. I went to prison, at age 47 .. the band geek mom. That was sept 2008. Im not a judgmental person however i am broken at age 59 on ssi . i think somewhere there should something for people that a very bad mistake so they dont want to kill themselves everyday because of that mistake. Have you ever had your house or car shot at by a person your son owed drug money to? Or has your nephews came to you and said Aunt Tina Dads lights are off again? People make bad choices , and we pay . we shouldn’t have to pay for the rest of our lives and not be able to work.
You did have a rough hand dealt to you. You should probably think of a service you can offer as a small business you can do from home. Everyone does something well. There is an organization called inmates to entrepreneurs.org google them. On their page is a free online course to prepare you to start a business. Also, here is a list of felon friendly employers. https://www.hirefelons.org/best-jobs-for-felons/
Starbucks is on that list. They have an * next to their name which means they signed the fair act pledge. I know you are discouraged, it’s never too late to start fresh. I’m 50 and rebuilding as well. Did you hear about the woman who got her first acting role in black panther at age 88!
You are so uplifting I just had to let you know this!!!! You are also so right.
Can a felony from 26 years ago that happened in Massachusetts be pulled up for a job in Florida?
I live in the state of TN and I recently gotten out of prison from a 6.5 year and I work 2 times and the second job fired me because of my felony and ever since its been very hard of me to find any job and I’m about to be homeless soon because parents that I have live because I have no where to live. And when I apply for jobs im a honest man and I tell them what happen and still I get no fair opportunities for these jobs.
Google felon friendly jobs. I have heard home depot will hire. Also, google second chance companies in TN. There must be re-entry programs there that help guide you. I live in a transitional house in DC. You can stay up to a year. When you get work you pay 30 percent of your salary for rent. Research online and contact people to ask questions. There must be help for you
I thought Tennessee was a felony friendly state
I’m moving to Texas and my last felony conviction was February 14, 2006. Will it show up in Texas?
Does the 7-year rule go by when you were sentenced or when you were released from prison? I want to move to Colorado a 7-year state, but I was released 6 years (in dec) ago and have been able to pass background checks in San Francisco.
The seven year rule generally means 7 years from the time you completed the sentence. If you were convicted in 2006 but didn’t complete probation or parole until 2012 your conviction would still be seen by a potential employer.
So if I received a felony conviction in Texas over 7 years ago, but now live in another state, does the Texas non-reporting law stop the conviction from being reported to a company in the other state? I understand if the company was actually in Texas it wouldn’t be reported, but if they are in another without that law, does running a background check from that state negate the Texas 7 year limit? Would the company’s resident state laws apply, and the company can see a 7+ year old Texas felony?
I have misdemeanors on my record from 5 years ago do you think my chance of becoming a foster grandmother is shot? The charges were for possession of a controlled substance and parhanella
How’d it go were u able to foster?
I was charged with a felony in LA over 30 years ago, (I was arrested because the lease was in my name). I paid the bail but was told I didn’t have to appear before the judge. I moved to Cali & got a job with the county. I have since moved back to LA & applied for the state of la. Will this show up on my background?
I was arrested for a felony almost 30 years ago (not my fault, my name was on the lease is why I was arrested) In LA. I moved to Cali, got a job with the government. I have recently moved back to my home state of LA. I applied for the state of LA. Will my arrest show up when they do the background check?
I know your feelings and can relate to every convicted felon out in society. I’m an ex-correctional officer and I loved my job but a few years back a false report of a crime got me fired and my certification revoked from the state of Georgia.
I plea a “Nolo” of the charge and were given a fine and 2 mos. probation. This incident happened in 1996 but remains part of my life and have followed me over 20 years . I wasn’t aware that one lie could ruin my life and take away everyone ; so when I hear of men /women being released from prison and can’t find suitable employment , I can relate .
When employers don’t or won’t hire you based on what they see on paper , I can relate .
Many employers refuse to believe that anyone can change or the background they see deem to be the person in front of them .
It’s not always true because sometime innocent people are not always guilty of the crime that they are accused of ; there are times when society sees your race and gender you are already guilty before you can plead your case .
I’m not saying everyone on paper is innocent but everyone deserves a second chance in certain situations .
No one should be deprived of making a living for themselves or their love ones ; it’s not fair for individuals to continue to pay for a crime if they have paid their debt to society.
The system needs to change and the laws which governors the hiring process needs to change because truly it’s discrimination .
My felony is from 30 years ago. You’d be surprised who will hire and who won’t. I was hired by the Federal Government working for the Post Office. I was upfront about it in my application and was still hired after two background checks.
I was turned down by a HVAC company. I explained that I worked for the Federal Government and they trusted me. They told me because of my felony they couldn’t hire me. I’ve been turned down by silly places and hired by places that trust me with valuables even knowing I have a felony.
I’ve also not been honest about my felony on applications and have been hired even after a background check. I’ve been honest about my felony and turned down.
I’ve only been arrested once in my life at 17 and it was a Class C Felony. Non-violent. Never once been in trouble since and I never will. I was an idiot. I’ve also filled out an application 6 years ago for Executive Clemency and they have yet to give it to me. I call them every month. All they say is that it’s pending.
And they still ask the question do you have a felony on every application in Missouri.
I think its time we have a new Federal mandate that after 10 years of fulfilling sentence without any other major convictions all records of conviction are automatically sealed or actually expunged. After all we don’t have access to the same laws or rights as our “law makers” and other government officials and the affluent, many of whom have had convictions of their own that have been wiped off record.
Also you may want to just consider taking you gifts, talents and abilities, along with any potential tax payments, to another country and being a benefit to them. It might be a better option than being forced back into crime in order to try to survive in a nation that serves two very separate sets of rules, one for us and the other for them. They have ways and means to clear their records that we have no access to. Here in Minnesota a memo was sent out to attorneys some years ago by the State asking attorneys to be less vigorous in the representation of their clients as the State was not getting enough convictions. Another words , take the money, make the promises and let us win.
You also may want to consider leaving this great nation, giving up your citizenship here and then coming back as a illegal so you have access to certain fundamental rights and liberties that we as peasant citizens do not apparently qualify for, namely a second chance or even our inalienable rights to freedom, liberty and the pursuit of happiness.
I agree 100%. My conviction was 23 years ago; since then I have had ok jobs but have to live in fear that I could lose them at any time. Then there’s the fact that we are still being punished after fulfilling our debt to society. There is no rehabilitation in the justice system only punishment, and I guess that is a lifetime sentence. There needs to be reform, but guess what! You don’t have a right to vote, so once again I am less than an illegal border hopper. If we as ex-felons could get our right to vote back as soon as we honor our debt – things would be different. Our for fathers said their would be no taxation without representation. Well I am taxed heavily and I have no representation!!! I don’t have the means to pay 3k to get my expungement (yeah that’s what I was quoted for an ATTEMPT). Oh yeah, I am also screwed because I am 2 years away from finishing my masters in Addiction/Family Crisis; and no way to get state licensed!
My Felonies, 4 of them, were 28 years ago in California. However after I got off Parole I was able to vote. Most of my rights were restored. I also pursued a professional career in medical, Respiratory Therapy. However I had to go out of state for a job. Oregon had less stringent requirements. So I raised my kids there. Great place to raise kids. I appealed my right to have a Respiratory License in California an won. According to the California Appellate Judge I was fully Rehabilitated and should not have been denied my License. I should mention I had applied for and received a ‘Certificate of Rehabilitation’ from the court that convicted me. However even though they gave me an unrestricted license, I could never get a job in California because when they looked up my license on the state website it said I had initially been denied my license for…(it listed all my crimes). Then in a second document it listed the appellate judges ruling. I was happy in Oregon so I stayed until I became disabled, then moved back to California where they have state paid short term disability.
Touche’
Very well stated! I couldn’t have said it better myself! I sometimes feel like my past mistakes and bad choices will haunt me forever!
I totally agree Donald!!!
Does anyone know in the state of Tennessee how long they hold a felony against you when you apply for a job
I was just hired at Onelife Fitness of course I have the job once I clear a background check. I lost a job just 10 months ago due to a check……. it only showed my felonies that were between 3-5yrs old my felonies go back over 10yrs. I know every background check is different but do companies just request specific times. When I applied for HH@Gregg I was felony free for 2yrs and somehow passed there background test. I worked hard to get where I am, every print out from my background checks have been different and I’ve lived in the same shit state of Virginia. Should that give me hope that I might be able to keep this job.
How far back?
I live in California, offered a job, pending a background check. History of felony from 2007. 3rd party hired to do the check. With the 7 year rule. When they do the check, will this show up or do they only ask for 7 year history?
i HAVE A FELONY RECORD LONGER THAN YOUR ARM AND i PASSED WITH FLYING COLORS 3 CHECKS SO FAR. MY LAST CONVICTION WAS IN 2004 AND ITS WAS FOR 7 FELONIES. SO MY ANSWER TO YOU IS ….YOU SHOULD BE OK. GO FORTH AND DO GOOD!!!!!!
Wow I hope you are right!! I have 3 from 26 yrs ago I hope I pass-
I live in Delawre, I am an ex-correctional office, I have been in the field on and off for over 20years. I have a misdemeanor in Georgia and a case in Florida where the adjudication were withheld over 25 years ago I been denied employment in several states because of those charges after twenty five years. Maryland, South Carolina, Delaware, Florida and Georgia.
These states still ask that question on every job application, ” have you every been convicted of a 1st degree misdemeanor/ 2nd degree felony, they only changed the wording
What can I do to get past this and get employers to hire me and not a piece of paper from twenty five years ago.
Qustion; were the jobs/states that denied you were they jobs in corrections? Bc i believe that to be a c.o or in that type of field they can see everything traffic tickets etc.
That’s what you get for being an uncle Tom. You are a criminal and should be treated IN NO WAY different than any other “criminal”. I sincerely hope that you NEVER find a job and your’ family starves JUST LIKE the people you kept oppressed. Your petty crime is somehow “less criminal” than the thousands of people you insured would never get a fair chance? I feel nauseous because of your’ audacity and wish I could vomit in your lap!
Yes total scum
I’m sad to say that the information about Texas is not true. I even disputed the report, I have been passed up on many good jobs because of charges that I have been off of parole for over 8 years.
My thoughts exactly.
The problem is cases from Florida are most likely to pop up any and everywhere. I’m from Fl and even my juvenile misdemeanor record shows up 20 years later. Adjudication witheld doesn’t mean ish in FL.
I was charged with Theft of Property 2 but never convicted. Due to an online work from home scam. It comes up on my background checks. It was a NO TRUE BILL. On applications it states were you ever convicted of a crime and I always put NO, because I wasn’t.