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Employer guide

What shows up on a background check (and what can't)

What employers actually see

The 7-year rule, plainly

Under the FCRA, most non-conviction data — arrests that didn’t lead to conviction, civil suits, judgments, paid tax liens — can’t be reported after seven years. Convictions carry no federal time limit, but several states (California, New York, Washington among them) impose their own seven-year caps even on convictions. One more wrinkle: the seven-year clock doesn’t apply at all to jobs paying over $75,000/yr in some states’ versions of the rule — check your state before assuming anything has “fallen off”.

What legally can't appear

• Expunged or sealed records. Legally treated as if they never existed; a screener reporting them violates the FCRA, and you can dispute it (see the Checkr dispute guide).
• Medical history and disability information. Off-limits under HIPAA and the ADA — a background check is not a medical exam.
• Bankruptcies older than 10 years, and non-conviction data older than 7 — the FCRA’s time fences, detailed above.

For employers: order only what you need

Every line you add to a package adds cost and — worse — adds a place for the report to stall. A retail hire rarely needs education verification; a driver always needs the MVR. Right-sizing the package is the single cheapest way to hire faster; see the timelines guide for what each search costs you in days.