A fingerprint background check is often seen as the gold standard for criminal history screenings in employee background checks.
So it’s very common place for applicants to feel a bit nervy about background checks. If you’ve a past that includes some sort of criminal behavior, then questions about how far back a company can go on a background check arises. If that’s not the case then it most likely might be a concern if you’ve a traffic violation or bankruptcy. You may be disturbed about the likelihood of any of these issues damaging your opportunity of landing a job.
Most times, potential employers weigh their decision on several different factors. Firstly, you need to understand that most employers only conduct background checks that are in relation to the job at hand. For example, if you won’t be handling a company vehicle, there’s absolutely no need to get worried about a traffic infringement you had over three years ago.
However, if you applied for a position where money would be handled by you or any position relating to the company’s finances and you have a huge amount of debt or a bankruptcy, there’s not a single doubt that the employer would mark that as a red flag. It’s a little bit more dynamic in the case of bankruptcy, cause they’d be going back to look at the date and a lot more other details.
Meanwhile, as for the debt, most potential employers would give you the opportunity to explain. It’s good to thread on the side of caution and prepare answers to any questions related to the debt that your potential employer may bring up.
Most people are of the opinion that all criminal records are linked to their fingerprint data and that fingerprinting yields broader, near-comprehensive background check findings that simple name-based checks would not.
Understandably so but, fingerprint background checks also have many of the same limitations that other forms of background checks possesses including how far back they can go.
The most common type of fingerprint background check is the type that ran through the FBI’s Integrated Automated Fingerprint Identification System (IAFIS). IAFIS is by far the largest database of fingerprint information in the United States, with more than 70 million criminal records stored. It also includes individual information of people who have been fingerprinted for non-criminal reasons, like those employed by the federal government or serving with the U.S. military will typically go through fingerprinting.
Especially in the context of the FBI IAFIS database, giving an answer to the question of how far back a fingerprint background check goes is dicey, As most states have restrictive laws on how far back any background check can go.
Every employer must comply with their state laws when conducting employee background checks, many of which do not allow reporting of criminal history information that has preceded seven years.
So you see the answer isn’t just black and white. Nationally, according to the Fair Credit Reporting Act (FCRA), there’s no limitation to how far back an employer can go when searching for a conviction during a background check. So, let’s say your verdict was twenty years ago, they’d still be able to access this information.
However, as stated earlier the rules for such screenings vary by location as states have different laws. Every state has its own laws regulating how companies in charge of background checks should compile their reports.
Typically, many locales won’t allow the sharing of criminal history information that’s older than seven years by background checking companies.
This been said, it is important to highlight that some states allow background check companies to share information as far back as 10 years old. Which includes felonies, convictions, and even misdemeanors. All states have, at the least have one of these limitations. So, at some point, your criminal convictions should stop showing up on a background screening.
In other for you to know your stand and better access your situation, In an alphabetical order we’ve compiled a comprehensive list of those states with both the seven years limits.
States with the seven-year limit:
- California
- Maryland
- Massachusetts
- Montana
- Nevada
- New York
- Texas
- Washington
It is also important for you to know that there are some exceptions to the seven-year limit, For example, if you’re looking at a high-paying job with a salary over $125,000 range in California, the employer is legally allowed to check your background for up to ten years. An employer is given these same rights in Colorado and Texas with a salary range of over $75,000. Also, there’s an income exception in the states of Kansas, Maryland, Massachusetts, Montana, New Hampshire, New Mexico, and New York for the range of $25,000, while Washington’s income exception range is $20,000.
If you weren’t found guilty of a crime, some states expressly forbid these records from appearing in a background check. These states include:
- Alaska
- California
- Indiana
- Massachusetts
- Michigan
- New York
There are also states which follow a rigorous background check reporting laws. These states indicate both guilty, non-guilty, and all felony verdicts for an unlimited number of years.
Those living such states might find it very challenging to find jobs if they’ve a felony, even if it’s been more than ten or twenty years old. If this is your situation, my advice would be to move to a state where reporting laws are less strict and more lenient as that would be more favorable for you.
Does The Convictions Still Exist
It’s important to note that just because a conviction no longer shows up on the background checks and screenings doesn’t mean it no longer exists. There’s a big difference between a record no longer showing up on background check and not being accessible anymore.
Does Your Conviction Appear?
If you’re wondering if your conviction still appears when a background check is done, you can search for yourself. That way, you determine if your criminal record is old enough to pass beyond your locale’s seven or ten-year reporting restriction.
If for any reason you see your conviction, you may have to consider expungement. Remember, there are other convictions besides felonies that you cannot erase. However, some crimes are eligible for expungement if you don’t have any repeat offenses and there’s a certain amount of time that elapses since the crime was committed.
Why Do Employers Order Background Checks?
Although any business can choose to conduct a background check on a potential employee, If you applied for a position in the healthcare, financial, or insurance industry, then by law background checks are required. When they order a your criminal background check, listed below are the information they’d see:
- Full name, date of birth, age
- Maiden names, aliases, nicknames
- Current address, phone number, and former addresses within the past seven to ten years
- Convictions of all felonies, misdemeanors, and sex crimes
- Court records and arrests (Decrees, docket numbers, judgments, and orders)
- Civil and Federal tax liens
- Civil and Federal judgments
- Federal and State bankruptcies
- Incarceration records
- Warrants
About Pending Charges
If you’re wondering if your pending charges are going to show when an employer request for your criminal background check, the answer is yes, they do show up. Again, there’s an exception. The state of Arkansas doesn’t show misdemeanor charges. However, the state will still reveal any pending charges.
Always Be Honest Regarding Your Past
As scary as this advice may be honest, even when you believe your past actions might ruin your chances of landing that dream job, honesty is always the best policy. Plan your answers, expect anything, don’t try to justify your past actions and most especially discuss the steps you’ve taken to become better.
What Are Level 1 and Level 2 Background Checks?
Mostly, those with a felony understand the difference between the two levels of background checks. These terms are specific to the state of Florida. No other state uses them. So, according to the state of Florida, they are as follows:
• Level 1: Refers to background checks occurring only by name in the state only in addition to an employment history check.
• Level 2: When a state and national fingerprint background check happen. These checks occur when applicants are seeking positions of trust and responsibility.
Furthermore, if you’re a felon in the state of Florida, you’ll most likely only undergo a Level 1 background criminal check.
Ban the Box
It’s been a great concern for many with a felony conviction when applying for jobs, mostly when the question arises regarding how far back employers are allowed to look when conducting a background check, the Ban the Box initiative is essentially an initiative that asks employers to remove the box that asks potential candidates if they’ve ever had a felony conviction. That way, every applicant has a fair shot, cause often than not as soon as employers see you’ve a felony they immediately label you a criminal which stops candidates from presenting their skills and qualifications and even landing an interview before background checks occur.
Final Thoughts
No matter if you’re applying for a job as an accountant or teacher, you may be wondering what will show up on your background check and how far back your potential employer will go. Prepare yourself by understanding the laws for each state, as well as how the Fair Credit Reporting Act handles them.
Good luck.
