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How Far Back Background Checks Go, by State (7-Year Rules)

Federal law limits how far back a background check company may report most negative records, but it sets no time limit for criminal convictions. Several states go further and cap convictions at seven years too, often with a salary exception. This guide covers the federal rule and the state laws we read word for word: California, New York, Texas, Massachusetts, Montana, New Hampshire, Kansas, Maryland, Washington and Colorado. It is not a complete list, and it is not legal advice.

Updated October 24, 2026 · Checked against the official sources listed at the end

The federal rule

The Fair Credit Reporting Act (FCRA) limits what a consumer reporting agency, the company that makes the report, may include (15 U.S.C. 1681c(a)). Unless an exception applies, a report may not include:

civil suits, civil judgments and arrest records more than seven years old, or until the statute of limitations runs out, if that is longer;
paid tax liens and collection accounts more than seven years old;
bankruptcies more than 10 years old; and
any other negative item more than seven years old, other than records of criminal convictions.

Convictions and the $75,000 exception

The seven-year limit for "any other adverse item" expressly leaves out criminal convictions (1681c(a)(5)). So under federal law alone, a conviction can be reported no matter how old it is.

The federal limits also don't apply when the report is for a job paying $75,000 a year or more, or one that may reasonably be expected to (1681c(b)(3)). For those jobs, federal law allows older arrest records and other older items too.

States with their own limits

These state laws limit what a consumer reporting agency may report. Each one counts the criminal-record limit from the date of disposition, release or parole. Read the salary exception closely, because it differs a lot:

California (Civ. Code 1786.18): no records of arrest, indictment, information, misdemeanor complaint or conviction older than seven years. Non-conviction records stop being reported once it is learned a conviction did not result, except while judgment is pending. No salary exception. There is an exception when a government regulator explicitly requires the employer to check those records.
New York (Gen. Bus. Law 380-j): no conviction records older than seven years, and no arrest or criminal charge unless there was a conviction or the charge is still pending. The seven-year limit doesn't apply to jobs paying $25,000 a year or more.
Texas (Bus. & Com. Code 20.05): no records of arrest, indictment or conviction older than seven years, except for jobs paying $75,000 or more.
Massachusetts (G.L. ch. 93, sec. 52): no records of arrest, indictment or conviction older than seven years. The statute's exceptions cover large credit and life insurance deals only, not employment.
Montana (MCA 31-3-112): no records of arrest, indictment or conviction older than seven years. The section lists no exceptions.
New Hampshire (RSA 359-B:5): seven-year limit on records of arrest, indictment or conviction, except for jobs paying $20,000 or more.
Kansas (K.S.A. 50-704): seven-year limit on records of arrest, indictment or conviction, except for jobs paying $20,000 or more.
Maryland (Com. Law 14-1203): seven-year limit on records of arrest, indictment or conviction, except for jobs paying $75,000 or more.
Washington (RCW 19.182.040): seven-year limit on adult records of arrest, indictment or conviction, and no juvenile records once the person is 21 or older. The seven-year limit doesn't apply to jobs paying $20,000 or more.
Colorado (C.R.S. 5-18-109): seven-year limit on records of arrest, indictment or conviction, and no sealed records, expunged records or records that did not result in a conviction. The exception in the text we read covers large credit deals, not employment.

Reporting limits vs hiring limits

The laws above limit the background check company. Other laws limit the employer, no matter where the information came from.

California is an example of both. Its Labor Code bars employers from seeking or using an arrest or detention that did not lead to a conviction, among other records (Lab. Code 432.7). Its Fair Chance Act bars employers with five or more employees from considering arrests not followed by conviction, and sealed, dismissed or expunged convictions, during a conviction history check (Gov. Code 12952). Illinois bars employers from using an arrest record as a basis to refuse to hire, unless another law allows it (775 ILCS 5/2-103).

Which state's law applies

A single hire can involve more than one state: where the person lives, where the job is, and where the records are. Which law controls, and how a state law fits with the federal one, are legal questions. The CFPB's summary of FCRA rights says many states have their own consumer reporting laws and that you may have more rights under state law. Ask your attorney about a specific hire.

Pact's state-by-state pages on background check laws are at pactcompliance.com/background-check-laws/.

What this means for a Pact order

The "last 7 years" in Pact's Premium package describes how far back the county criminal search looks. It is a search scope, not a legal limit. Standard's national database search isn't described with a year limit.

Checkr's website says its packages include automatic filtering of non-reportable information. If you need to know how a specific state's limit will be applied to a specific report, ask Pact before you order: 901-666-6970.

Common questions

Which states have a 7-year background check rule?

Of the statutes we read, California, New York, Texas, Massachusetts, Montana, New Hampshire, Kansas, Maryland, Washington and Colorado limit criminal records to seven years. Most have a salary exception, from $20,000 to $75,000. This is not a complete list.

Are there 10-year background check states?

None of the statutes listed here sets a 10-year limit for criminal records. Ten years shows up for bankruptcies under federal law and in several of these states.

How far back do background checks go in California?

California bars reporting arrest and conviction records more than seven years old from disposition, release or parole, and arrests that did not lead to a conviction (Civ. Code 1786.18). There is no salary exception.

How far back do background checks go in Texas?

Texas bars reporting arrest, indictment and conviction records more than seven years old, unless the job pays $75,000 a year or more (Bus. & Com. Code 20.05).

Can a 20-year-old conviction show up?

Under federal law alone, yes. In states with a seven-year limit, it generally can't be reported unless an exception applies, such as a salary exception. Ask your attorney about your state.

Does the 7 years in Pact Premium mean older records are hidden?

No. It is how far back the county search looks. Other searches in the report follow federal and state reporting rules. Ask Pact about a specific state before you order.