Employers who hire background check services to conduct background checks are restricted by the Fair Credit Reporting Act (FCRA) on the information they are allowed to receive in consumer credit reports. Federal laws allow reports to contain all convictions; however, only arrests within the last seven years are allowed to be contained in the in the reports. If the salary for the job is more than $75,000 per year, employers are not subjected to the FCRA. If the employer uses their own staff to obtain the information, federal laws do not apply. Nevertheless, employers must still follow the state codes in the jurisdiction in which they are operating.

Some state statutes are stricter on the criminal history background records that may be contained in investigative consumer reports. California, which has some of the strictest codes among the states, allows arrest history to be reported up to seven years, but only if there was a conviction. If the case is still pending, the arrest can be reported in a background check report. Convictions that are more than seven years old are barred from employee check reports. Marijuana convictions that are more than two years old are also prohibited. Like California, many municipalities have state statutes that limit how criminal histories can be reported in employer background checks. It is recommended that you check the laws for the state where you reside.

Find out what your rights are regarding how and when this information can be reported. For example, many states prohibit reporting of convictions in public records for cases that are expunged or sealed. However, in most states, law enforcement, patient and child care providers, security guard firms and public utilities are able to obtain access to criminal history information without many of the restrictions such as those imposed by the California codes. Also, jobs that require state licenses may be exempted from limits on background checks.