Background checks come in many types, and what appears depends on the screening company, the purpose and state law. Knowing what can show up lets you prepare and correct mistakes before they cost you a job or apartment.
Common components
- Criminal record searches at county, state and federal levels.
- Sex offender registry checks.
- Employment and education verification.
- Driving records for jobs involving driving.
- Credit reports, used for some financial positions with limits in some states.
- Professional license checks and reference checks.
How far back reports can go
The federal Fair Credit Reporting Act limits how long many negative items can be reported by consumer reporting agencies, often seven years for things like arrests not leading to conviction and most civil judgments, but it does not set the same limit for convictions, and exceptions exist for higher-salary jobs. Many states and cities set their own shorter limits. Court records themselves may remain publicly available even when a screening company must stop reporting them.
Your rights in the process
- Employers must generally get your written permission before running a background check through a screening company.
- If they may reject you based on the report, they must give you a copy and a summary of your rights before the final decision.
- You can dispute errors with the screening company, which must investigate.
- You can request your own report and see what employers see.
Arrests versus convictions
An arrest is not proof of guilt, and in many places employers are restricted from relying on arrests that did not result in conviction. Convictions, especially recent or job-related ones, are treated differently. Fair chance laws in many states and cities limit when employers can ask and what they can consider.
Common errors
Reports can mix up people with the same name, list dismissed or sealed records, show outdated information or double-count a single case. Check your own report for these mistakes. A single error can lead to a lost offer, so correct it before you apply.
How to see your own report
You can request a copy of reports from major consumer reporting agencies, including criminal and employment screening companies, and review them for accuracy. Some background check providers must give you a free copy on request once a year.
Preparing before you apply
Know what is on your record, gather court documents showing dismissals or completed sentences, consider whether expungement or sealing is available, and prepare a short, honest explanation. See our guides to expungement and to criminal records and getting a job.
Real-life scenarios
- A job seeker finds a dismissed case on a report and disputes it before applying.
- An applicant gets a pre-adverse action notice and sends proof the record is sealed.
- A renter learns a landlord used a screening report with an error.
Common mistakes to avoid
- Not checking your own report.
- Assuming sealed or dismissed records never show up.
- Lying about your record on applications.
- Missing the short window to respond to a pre-adverse action notice.
- Not keeping court paperwork.
- Ignoring errors until a rejection.
Questions to ask a professional
- What does my report actually contain?
- Can any records be sealed or expunged?
- Is the item outdated under reporting limits?
- How do I dispute an error?
- What do local fair chance laws allow?
A practical action plan
- Request your own report.
- Review it for errors and outdated items.
- Dispute inaccuracies in writing.
- Gather court documents.
- Explore expungement or sealing.
Terms you may hear
- Consumer reporting agency: a company that compiles background reports.
- FCRA: the Fair Credit Reporting Act.
- Adverse action: a decision against you based on a report.
- Fair chance law: a law limiting use of criminal history in hiring.
- Expungement: clearing or sealing a record.
Different checks for different purposes
Employment screening, tenant screening, volunteer checks and licensing checks use different databases and rules. A pre-employment check through a screening company is covered by federal consumer reporting rules, while a licensing board may run its own check. Ask which type is being run and what it covers.
Record-keeping that helps you
Keep certified copies of dispositions, dismissals, completion of probation and any sealing or expungement orders. When a screening company reports something outdated or wrong, these documents let you correct it quickly and show an employer the full story.
Online records and public information
Court records, news stories and social media can appear in searches outside formal background checks. Search yourself online, remove what you can control and be ready to explain anything you cannot remove.
Frequently asked questions
How far back does a background check go?
It varies by report type and state, and convictions may be reported longer than other items.
Can employers see sealed records?
Generally not through standard screening if properly sealed, but errors happen.
Do I have to give permission?
Employers generally need your written authorization.
How do I fix an error?
Dispute it in writing with the screening company and the source.
Can an arrest alone cost me a job?
Many places limit employers from relying on arrests without convictions.