The federal seven-year rule
Section 605 of the FCRA bars consumer reporting agencies from reporting arrests that did not result in conviction, paid tax liens, civil judgments, and most other adverse information older than seven years. Convictions are explicitly excluded from that limit at the federal level.
State rules override the federal floor
| Rule | Effect |
|---|---|
| Seven-year conviction cap | States including California, Massachusetts, Montana, New Mexico, New York, and Washington restrict conviction reporting beyond seven years |
| Salary threshold exceptions | Several capped states lift the limit for roles above a stated annual salary |
| Ban the box | Delays when criminal history may be asked about or run — not what may be reported |
| Clean-slate laws | Automatically seal eligible records so they never reach the report |
Searches with no lookback limit
- Employment verification — employers commonly verify seven to ten years by policy, not by law.
- Education verification — degrees are verified regardless of when they were earned.
- Professional licenses — current status and full disciplinary history.
- Sex offender registry and sanctions lists — reported as currently listed.
Lookback windows are jurisdiction-specific. Configure them once as policy rules rather than deciding case by case — that is what survives an audit.
Frequently asked
Does a 10-year-old felony show up?
In most states, yes — convictions have no federal time limit. In seven-year-cap states it generally would not, unless a salary exception applies.
How far back do employers usually go?
Seven years is the most common policy window for both criminal and employment history.