The FCRA seven-year rule for criminal records, explained
The rule people quote as “background checks only go back seven years” is narrower than that, wider than that, and different in a handful of states. Here is what it actually removes, what it leaves in, how the seven years are counted, and how a screening company applies it charge by charge.
By Daniel Mase, Offendersearch. General information, not legal advice.
Non-convictions age out; convictions do not, federally
Under the FCRA, a consumer report may not include records of arrest, or other adverse items that are not convictions, once they are more than seven years old. Convictions are not time-limited under federal law. The limits do not apply to employment at an annual salary of $75,000 or more. Several states go further and cap how long a conviction may be reported.
What the federal rule removes
Section 1681c lists what a consumer report may not contain. Two lines matter for criminal history: records of arrest that antedate the report by more than seven years, and any other adverse item, “other than records of convictions of crimes,” that antedates the report by more than seven years (15 U.S.C. § 1681c).
It is a rule about the age of each item, not each person or each case. A single case can hold a charge that must go and a conviction that may stay. That is why it has to be applied charge by charge.
| Item | Federal seven-year limit? |
|---|---|
| Arrest that did not lead to a conviction | Yes |
| Dismissed, dropped or nolle prosequi charge | Yes |
| Acquittal (not guilty) | Yes |
| Pending charge with no disposition | Yes, counted from its date |
| Conviction — felony or misdemeanor | No (state caps may apply) |
| Conviction for a role paying $75,000 or more | No |
Why convictions stay in, and the salary exemption
The words “other than records of convictions of crimes” are why a conviction can be reported at any age under federal law. Where a state has not limited it, a decades-old conviction may still appear in a report.
The same section exempts certain reports from these limits entirely, including a report used for employment of an individual at an annual salary that equals or may reasonably be expected to equal $75,000 or more (15 U.S.C. § 1681c). Two things are easy to get wrong. The exemption is about the salary of the role, not the seniority of the title. And it is federal: it does not lift a state’s own limits.
How the seven years are counted
The statute measures from when an item “antedates the report” — so the reference point is the date of the report, not the date of the hiring decision. For an arrest record, the clock starts at the date of entry. For other non-conviction items it starts at their own date.
Public records do not always make this easy. A court record may show a filing date and a disposition date years apart, or no disposition at all. A cautious process measures each non-conviction from the earliest date on the charge, so an item is never kept because a later date happened to be recorded. Where the date or the outcome needed to decide is missing and a limit could apply, it withholds the item rather than guess.
Current status is different. Someone in custody, on probation or parole, or with an active warrant has a present-tense record, and that is not aged out by a start date years ago.
Worked example: one person, three charges, three reports
An applicant has three items on their record. The report is run in October 2026.
- Charge A — arrested March 2014, charge dismissed in 2015.
- Charge B — misdemeanor theft, convicted May 2017.
- Charge C — arrested August 2022, case still pending.
| Charge | $60,000 job in Ohio | $60,000 job in New York | $90,000 job in Ohio |
|---|---|---|---|
| A — 2014 arrest, dismissed | Removed: non-conviction over 7 years | Removed: non-conviction over 7 years | Reportable: the salary exemption lifts the federal limit |
| B — 2017 conviction | Reportable: convictions have no federal limit | Removed: New York caps convictions at 7 years | Reportable |
| C — 2022 pending arrest | Reportable as pending, within 7 years | Reportable as pending, within 7 years | Reportable as pending |
Same person, same records, three different reports — and every difference comes from the role’s salary and where the job is. That is the case for passing the job’s state and salary into the order rather than applying one rule to everyone. Whether a particular state cap reaches a particular report is a legal question; the conservative approach applies the cap whenever the record’s state, a state the applicant lived in, or the job’s state has one.
Dispositions that do not fit the boxes
Applying the rule needs two facts per charge — what happened and when. Many outcomes sit awkwardly between conviction and dismissal:
- Deferred adjudication and diversion — the person completes conditions and the case does not end in a conviction.
- Adjudication withheld — common in Florida records; no formal conviction is entered.
- Sealed, expunged or vacated — the court has removed or set aside the outcome.
- No disposition recorded — the court record simply does not say.
A cautious screening company treats the first three as non-convictions, which puts them under the seven-year rule and withholds more rather than less. The fourth cannot be classified, so where a limit could apply the item is withheld. Each choice is a place where counsel should sign off on the policy.
States that cap conviction reporting
These states limit how long a conviction may appear in a consumer report, typically seven years. Details differ — how the period is measured, and which reports or salary levels are exempt — so read the statute for the situation in front of you. Six citations below are still being checked against the statute text.
| State | Citation |
|---|---|
| CA | Cal. Civ. Code § 1786.18(a)(7) |
| CO | Colo. Rev. Stat. § 5-18-109 |
| KS | Kan. Stat. Ann. § 50-704 (citation under review) |
| MA | Mass. Gen. Laws ch. 93, § 52 (citation under review) |
| MD | Md. Code, Com. Law § 14-1203 (citation under review) |
| MT | Mont. Code Ann. § 31-3-112 |
| NH | N.H. Rev. Stat. Ann. § 359-B:5 (citation under review) |
| NM | N.M. Stat. Ann. § 56-3-6 (citation under review) |
| NY | N.Y. Gen. Bus. Law § 380-j |
| TX | Tex. Bus. & Com. Code § 20.05 |
| WA | Wash. Rev. Code § 19.182.040 (citation under review) |
Our FCRA criminal search applies each of these conservatively: a conviction more than seven years past its disposition date is withheld when any of the record’s state, the applicant’s address states or the job’s state is on the list, and the federal salary exemption does not lift it.
Common mistakes
- Applying seven years to everything. Federally, convictions are not limited; over-removing hides lawful information.
- Applying it to nothing. Old dismissed arrests are the classic violation.
- Judging the whole case instead of each charge. One case can hold both kinds of item.
- Using the salary exemption against a state cap. It only lifts the federal rule.
- Guessing a missing date. If the date decides it and you do not have it, withhold.
- Forgetting where the job is. The job’s state can change the answer even when the record is elsewhere.
How an FCRA order applies it
Through FCRA Partner Access, every criminal search in an order is filtered charge by charge before anything is furnished:
- Only records matching the applicant’s exact date of birth go further.
- Non-convictions more than seven years old — measured from the earliest date on the charge — are removed, unless the order is for employment and states a salary of $75,000 or more.
- Convictions more than seven years past their disposition are removed when a cap state applies, whatever the salary.
- Items whose date or outcome is missing, where a limit could apply, are withheld.
- Every remaining record is checked live at its source, and the time rules run again on the fresh copy.
The furnished record says what was removed — as counts per reason, not content — so a screening company can see that a case had items taken out and why. Every order keeps an evidence record of the rules version that applied. The full list of reason codes is in the FCRA API docs, and the employment workflow is on FCRA employment screening.
Seven-year rule questions
How far back does a background check go?
For consumer reports, arrests and other non-conviction items generally drop off after seven years, while convictions can be reported at any age under federal law. Several states cap convictions at seven years too, and roles paying $75,000 or more are exempt from the federal limits.
What is a 7 year background check?
It usually means a criminal background check that looks back seven years — the period the FCRA allows for arrests and other non-conviction items. A 7 year criminal background check can still show older convictions under federal law, unless the role or a state cap rules them out.
Do background checks only go back seven years?
No. The federal seven-year limit covers arrests and other non-conviction items. Convictions can be reported at any age under federal law, unless a state law limits them.
Do dismissed charges show on a background check?
A dismissed charge is a non-conviction, so under the FCRA it cannot be reported once it is more than seven years old, except for roles paying $75,000 or more. A recent dismissed charge can still appear, and some states restrict reporting non-convictions further.
Does the seven-year clock run from the arrest or the disposition?
For arrests, the statute measures from the date of entry; other items from their own date, each counted back from the date of the report. Records do not always carry a clean date, which is why a cautious process measures from the earliest date on the charge and withholds an item it cannot date.
Is the salary exemption automatic for senior roles?
It applies only to employment at an annual salary that equals or may reasonably be expected to equal $75,000 or more, and only to the federal limits. An FCRA order uses it only when it states the salary.
Can a conviction older than seven years show up?
Under federal law, yes. In states that cap conviction reporting, generally not after seven years. Which state’s law applies can depend on where the record is, where the person lives and where the job is.
Do pending charges show on a background check?
Yes, a pending charge within the last seven years can be reported, and it should be reported as pending rather than as an outcome. Once it is more than seven years old with no conviction, the federal limit removes it.
Does the rule apply to sex-offender registry status?
Whether a seven-year limit reaches an active registration is unsettled. Our FCRA registry search does not apply one to active status pending counsel’s view; the time rules above apply to criminal records.
FCRA Partner Access
Regulated sex-offender and criminal records for consumer reporting agencies and screening platforms, with the controls in this article applied before anything is furnished.
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Related: FCRA criminal background check API · FCRA employment screening · Is a registry check a consumer report? · Criminal records by state · FCRA Partner Access