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  • myHRscreens Expert

How Far Back Can They Go?

How far back can an employer go? Good Question.

This is a question that is often of interest by both the employee and the employer. The answer is dictated by the federal Fair Credit Reporting Act (FCRA). The FCRA sets national standards on time limits for any checks that are outsourced to other companies but it’s important to know that the law does not apply when employers conduct their own checks in-house.

Various areas have different timeframes on which things can be reported. For example, we know that Bankruptcies cannot be reported after 10 years whereasTax liens and accounts placed for collection cannot be reported after seven years for most. But salary can change this rule. These restrictions do not apply to applicants for any job with a salary of $75,000 or more per year.

Are there any reports that are limitless?

The FCRA allows criminal convictions to be reported at any time – there are no time limits. Some states do follow the seven year rule, regardless and salary can also void this limit as mentioned above.

What about minors?

Because minors cannot legally give consent to a contract, time limits generally do not apply. Therefore, juvenile criminal convictions cannot be reported for those under 18 years of age. This also goes for credit reports, but this is because most credit reporting agencies to not keep records for minors.

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