All criminal record searches will go back at least 7 years. InfoCheckUSA can provide criminal record information beyond 7 years via special request for an additional fee. Each courthouse varies how long they maintain criminal records on file. We recommend at least a 10 year search. We report all cases that are legally reportable under the FCRA including pending, dismissed, and nolle prosequi cases.
The Federal FCRA guidelines allow you to make hiring decisions on criminal conviction information going beyond 7 years. However, State FCRA laws in CA, KS, MD, MA, MT, NH, NM, and NV restrict employers to only using the last 7 years of criminal record information for making hiring decisions.
The remaining States allow reported records further than 7 years if the subject earns or is expected to earn above a particular threshold amount:
CO: $75K income exception
NY: $25K income exception
TX: $75K income exception
WA: $20K Income exception
Many states (such as listed above) have regulations that are more restrictive than the federal law. Common limitations are:
- Bankruptcies that, from the date of adjudication, antedate the report by more than 10 years.
- Suits that, from the date of filing, and satisfied judgments that, from the date of entry, antedate the report by more than seven years.
- Unsatisfied judgments that, from the date of entry, antedate the report by more than seven years.
- Unlawful detainer actions where the defendant was the prevailing party or where the action is resolved by settlement agreement.
- Paid tax liens that, from the date of payment, antedate the report by more than seven years.
- Accounts placed for collection or charged to profit and loss that antedate the report by more than seven years.
- Records of arrest, indictment, information, misdemeanor complaint, or conviction of a crime that, from the date of disposition, release, or parole, antedate the report by more than seven years. These items of information are no longer reported if at any time it is learned that, in the case of a conviction, a full pardon has been granted or, in the case of an arrest, indictment, information, or misdemeanor complaint, a conviction did not result; except that records of arrest, indictment, information, or misdemeanor complaints may be reported pending pronouncement of judgment on the particular subject matter of those records.
- Any other adverse information that antedates the report by more than seven years.