At the end of the day, the seven-year rollback rule varies from state to state. Some states have shorter exam periods, while others claim that a longer exam allows for certain professional specifics. For example, Colorado allows for a retrospective that goes beyond seven years when an employee earns more than $75,000 per year. What happens if your candidate has committed a crime outside the countries where they have lived and worked? A state criminal history review is the solution. Each state has a collection of criminal history information that includes records from its counties. Counties report these filings on an ongoing basis, creating larger databases of criminal history information that cover a broader geography than a single county-level search. The FCRA prohibits consumer reporting agencies (CRAs), which include third-party background check providers and national credit reference agencies, from reporting the following information in a consumer report or background check: Background checks are not a one-time service. You should be able to obtain data on criminal convictions older than seven years if you wish (and the CRA can legally provide this data depending on applicable national/local laws). Those who live in the above states may have a hard time finding a job if you have a crime, even if it`s up to ten to twenty years old. If you find this to be your experience, it may be cheaper for you to move to a state with less strict and more lenient reporting laws. The extent of background checks available and location-specific limits on how far back they can go back can be significant challenges for hiring managers and HR teams, especially those responsible for hiring in multiple jurisdictions. Partnering with an FCRA-compliant service provider like GoodHire saves valuable time and reduces administrative costs. In most cases, people who have committed a crime understand the difference between Level 1 and Level 2 background checks.
These are terms that refer only to the State of Florida. No other locales use them. So, according to Florida, they are as follows: The table below gives an overview of the 7-year background check states — those that generally prohibit reporting criminal convictions more than seven years after the fact. Where exceptions to the 7-year rule are permitted, they will be noted. Understanding how an arrest or conviction can play a role in your hiring process can be complicated. Fortunately, the EEOC has plenty of guidance for regulating your company`s specific application of the seven-year review rule, among other aspects of criminal records. The FCRA allows background check providers to report arrests for up to seven years, including cases where charges are dismissed. Legal proceedings that have not resulted in a conviction may also be reported for up to seven years. These “non-convictions” may include cases where charges are dismissed before trial, if a trial leads to an acquittal, or if a person is qualified to dismiss the charge after completing a distraction program. It is common for candidates to be nervous about background checks. If your background involves criminal behavior, questions about when companies go back during a background check are common. If not, and you have a traffic violation or bankruptcy, this issue may be a problem.
You may be wondering if any of these issues affect your chances of getting a job. In seven-year states, it is important to note that the 7-year rule does not refer to the jurisdiction in which the record is kept, but to the jurisdiction in which the plaintiff lives and works, as the plaintiff is granted rights under applicable consumer protection laws there. And in the 12 states (see list below) that limit the sentence to 7 years, the date of decision/conviction is the date of adverse activity and should be used to calculate the 7 years. If necessary, a credit rating agency may also use the release date or probation start date to bring convictions within the scope. [There are state laws that mirror FCRA`s pre-1998 language that limit reporting of arrests, charges, and convictions to those seven years or less prior to reporting “from the date of order, release, or probation.”] If this is not the case, keep in mind that a claimant always reserves the right to challenge the content of the background check, which will warrant an investigation by the hotline. If the investigation reveals evidence that the report is inaccurate, the applicant and employer will receive written notices. In addition, the FCRA limits the date on which a particular background check can go back through an applicant`s or employee`s history.