How Far Back Do Employers Look In A Criminal Background Check

Questions and Answers

How Far Back Does a Criminal Background Check Become in Due north Carolina

Ane of the near challenging facets to understand about groundwork checks is how their regulatory limitations differ dramatically from state to state. For example, some states allow employers to consider arrest records equally part of their employment decision-making process while others bar the utilize of abort records entirely. Another major point of variation is in how far dorsum a background check can go. This commodity volition delve into North Carolina background check laws to shed light on specific requirements for background screenings in the state.

Regarding how far background checks tin can go, a common assumption is that a federal guideline dictates the answer. However, while the Fair Credit Reporting Act (FCRA) does institute a range of requirements that apply to the unabridged country, there is no federal statute that specifies how far back employers can wait into a candidate's criminal record.

The FCRA does put reporting limits on other types of background checks. A bankruptcy check can only go back ten years while civil suits or judgments can only be reported for seven years after they occur. These requirements apply to every state. At backgroundchecks.com, when we set these types of background checks for our clients, we automatically exclude any information that falls outside of the allowable reporting period per the FCRA.

Some states have their own reporting requirements for criminal background checks. This express reporting period—oftentimes referred to every bit a "lookback period"—confined employers in those states from considering whatsoever criminal convictions (felonies included) from before a certain date. The most mutual lookback menstruum is vii years. States including California, Massachusetts, New York, and Washington enforce a vii-year lookback period.

The presence of lookback flow laws in some states have caused many to believe that a vii-year lookback period is standard across the land for criminal history checks, merely many states have no laws that limit how far dorsum criminal history checks can wait. N Carolina background check laws characteristic no lookback period requirement, then there is no constabulary in North Carolina that would prevent an employer from looking at a candidate's full criminal history.

A ten-yr onetime felony conviction often won't pose the aforementioned obstacle to employment as a felony confidence that happened vi months ago. The Equal Employment Opportunity Commission (EEOC) has issued guidance instructing employers to weigh the relevance of convictions on a case-past-case basis. Employers are encouraged to await not just at the fact that a candidate has a criminal conviction just also how much time has passed since the conviction, whether their tape has been clean since, and other factors. Many employers won't hold an older conviction confronting a candidate if there is reasonable testify to suggest that the person has worked difficult to become their life dorsum on track.

N Carolina'south lack of a lookback period doesn't mean that every conviction tin be shown on a criminal background check. If an individual has gone through the process of expungement for a criminal confidence, that confidence should no longer announced on their background check.

Exercise you lot accept more questions about North Carolina background check laws? Contact backgroundchecks.com for further support

Michael Klazema

About Michael Klazema The author

Michael Klazema is Chief Marketing Technologist at EY-VODW.com and has over two decades of feel in digital consulting, online product management, and engineering innovation. He is the pb writer and editor for Dallas-based backgroundchecks.com with a focus on human resources and employment screening developments.