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.
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.
When it comes to employment drug testing, the lookback period varies based on the specimen type (e.g., saliva, urine, hair).
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.
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.