BACKGROUND CHECK ERRORS – How Far Is Too Far
Background checks can determine whether you land a job, secure housing, or qualify for a loan.
But how far back do they actually go? The answer depends on the type of background check, the state you live in, and federal laws designed to protect your privacy.
At R23 Law Consumer Protection Attorneys, our experienced team of attorneys help clients navigate the complexities of background screening laws. If you’ve been denied employment or housing due to an inaccurate or outdated background check, you may have legal options under the Fair Credit Reporting Act (FCRA).
How Far Back Can Different Background Checks Go?
The timeframe of a background check varies based on the type of screening:
Type of Background Check
In most cases, criminal convictions can be reported indefinitely, while arrests that did not lead to a conviction are typically limited to seven years. However, exceptions exist for positions with higher salaries or those involving national security.
State-Specific Rules for Background Checks
Different states impose their own limits on how far back a background check can go. For example:
• California: Convictions can only be reported for seven years, and arrests not leading to convictions cannot be reported at all.
• Texas: Arrest records are limited to seven years, but there is no time limit on reporting convictions.
• New York: Similar to California, convictions older than seven years cannot be reported.
• Washington, D.C.: Background checks are limited to ten years for jobs paying under $75,000.
Because state laws frequently change, it’s crucial to consult with a background check lawyer if you believe your rights have been violated.
What Are Your Rights Under the Fair Credit Reporting Act (FCRA)?
The FCRA is a federal law that sets strict rules for background check companies, ensuring reports are accurate and fair. Under the FCRA, you have the right to:
✔ Be Notified – If a background check leads to a negative decision (such as a job denial), the company must inform you.
✔ Dispute Errors – You have the right to challenge inaccurate, incomplete, or outdated information.
✔ Seek Compensation – If a background check error harms your job prospects, credit, or housing, you may be entitled to financial damages.
What to Do If Your Background Check Contains Errors
If a background check wrongfully denies you a job, housing, or credit, take these steps:
Request a Copy – You’re legally entitled to a free copy of your background check.
Review for Errors – Look for outdated information, mistaken identity issues, or incorrect convictions.
File a Dispute – Notify the background check company and employer or landlord. They must investigate and correct errors.
Consult a Lawyer – If the error persists, an attorney can help you take legal action for damages.
At R23 Law, we help clients fight back against background check inaccuracies that cost them opportunities. Our California Background Check Error Attorneys hold negligent reporting companies accountable.
Take Action Today
Errors in background checks can derail your career, financial future, and reputation. If you’ve been affected, don’t wait—you have legal rights under the FCRA.
📞 Call R23 Law now for a free consultation! Let us help you restore your reputation and protect your future.
