Understanding the Scope of Criminal Record Searches: How Far Back Can You Really Go?

When ordering a background check, you need to understand the scope of the search

When employers order a criminal background check, one of the first questions we hear is: “How far back will the results go?”

It’s an important question — and one without a one-size-fits-all answer. The scope of a criminal record search depends on several factors, including court availability, state and federal laws, and compliance rules under the Fair Credit Reporting Act (FCRA).

Let’s break it down.

What “Scope” Really Means

The scope of a criminal record search refers to the timeframe and geographic reach covered by the search. This includes:

• How many years of history are reviewed.

• Which jurisdictions (county, state, federal) are checked.

• What types of records (felonies, misdemeanors, pending cases) are reported.

  
  

The 7-Year Rule (and Why It’s Confusing)

The FCRA sets clear rules for consumer reporting agencies (like us). One big piece:

Non-conviction information (such as dismissed charges, arrests without conviction) cannot be reported if it is more than 7 years old.

Convictions, however, are not restricted by the FCRA — they may be reported indefinitely.

That means an applicant’s felony conviction from 15 years ago could still show up in a background check, unless state law says otherwise.

State Law Matters

Some states go beyond the federal rules. For example:

·         California, New York, and others restrict conviction reporting to 7 years.

·         Other states allow convictions to be reported indefinitely.

·         States may also limit access to certain records altogether, even if they’re recent.

This is why “scope” is more than a number — it’s also about where the search is run.

Availability of Records

Another piece of the puzzle is record availability:

• Some counties only digitized records starting in the late 1990s or 2000s.

• Older records may be archived, incomplete, or not publicly accessible.

• Federal and statewide repositories may have different coverage periods.

So, while in theory you could search back decades, the practical availability of records varies widely.

What Employers Need to Know

• Don’t assume “7 years” is a blanket rule. Convictions may go back further.

• Scope should be tailored. A comprehensive screening program should reflect your industry, state requirements, and the risk level of the position.

• Partner with a compliant CRA. We help you navigate FCRA requirements, state restrictions, and practical availability so your searches are both thorough and compliant.

At Unique Background Solutions, we believe clarity builds trust. Understanding the scope of criminal record searches helps you make informed hiring decisions — and avoid costly compliance mistakes.