We get many questions regarding background check lookback periods, and like so many other things in life, the answer is, "It depends."
It can depend on the type of background check you're ordering, the state you're operating in, as well as other stipulations, like those dictated by the Fair Credit Reporting Act (FCRA).
In this Foley article, we'll go over some of the more common types of background checks and the lookback periods for each one.
Criminal Background Checks
- County criminal check: This is a county-level court search for criminal convictions and reportable non-convictions associated with the applicant. The scope of the search is seven years.
- State criminal check: This is a statewide search (obtained directly from a state police department or state repository) for criminal convictions and reportable non-convictions associated with the applicant. The scope of the search is seven years.
- Federal criminal check: This is a nationwide search for crimes prosecuted against the applicant at the federal level, in any U.S. state or territory, which includes among other things, tax evasion, bank robbery, kidnapping, and/or counterfeiting. The scope of the search is seven years.
You'll see a trend here — seven years — which many people commonly refer to as the 7-year lookback rule. Bottom line: the default scope for a criminal history search is 7 years. Extended scope searches (10-year, full criminal history) can be supported at an additional cost to the client, and to the extent permitted by applicable law.
Drug Testing
When it comes to employment drug testing, the lookback period varies based on the specimen type (e.g., saliva, urine, hair).
- With urine, the lookback period is typically within that same week. In some cases — for example, if the person is a chronic marijuana user — the lookback period with a urine test might go back as far as two or three weeks.
- In the case of hair testing, the lookback period is 90 days (and in some cases, even longer). The hair test won't indicate immediate drug use, however, but rather a pattern of recurring drug use.
- Oral fluid, by contrast, has a similar lookback window to urine, but it also provides even more immediacy than urine. Oral fluid testing can detect certain drugs in as little as 30-60 minutes after ingestion.
Employment & Education Verifications
The FTC has issued advisory opinions stating that employment verifications are considered "neutral." Since the information being reported is not "adverse," there is NO 7-year limitation on reporting discrepancies in employment history.
Even if the employment termination date is more than seven years ago, consumer reporting agencies (CRAs) can report discrepant employment dates and job titles, or the complete lack of verification of the employment (i.e., a statement from the so-called prior employer that the individual never worked for their company).
The same goes for education verifications. Since verifying employment history and education is often critical to determining whether a candidate is qualified to do the job, employers should make sure they understand whether their screening provider is unnecessarily withholding such discrepant results from the background check when the dates and information being verified are older than seven years.
Get Thorough & Compliant Employment Background Checks
Instead of conducting employment background screens on your own and missing key information by not revealing the entire potential scope of the search, or risking breaking local, state, or federal laws, it's best to work with an experienced background check partner.
Foley offers criminal background checks, pre-employment drug testing, employment and education verifications, and many other background screens to help you hire the best talent.
Ready to screen and hire candidates with peace of mind? Request a background check demo by clicking here or filling out the form below.
.png)