Criminal Background Check: What Shows Up & For How Long

Criminal background checks are a standard part of employment screening, housing applications, and many other situations. Whether you’re an employer trying to understand what you’re seeing, or someone wondering what might appear on your record, understanding exactly what shows up—and for how long—is essential. This comprehensive guide covers everything from felonies to misdemeanors, arrests to expungements, and the state laws that affect what can be reported.

🔍 What Shows Up on Criminal Background Checks

Criminal background checks search court records and law enforcement databases to identify an individual’s criminal history. What appears depends on several factors: the type of search conducted, the state where records exist, and the reporting company’s data sources.

Information That May Appear

Information That Typically Does NOT Appear

• Juvenile records: Sealed in most states; adult checks don’t include juvenile offenses
• Expunged records: Legally erased; should not appear (though errors happen)
• Sealed records: Restricted from public view
• Pardoned offenses: Some states remove pardoned convictions
• Infractions/violations: Minor offenses like traffic tickets (usually separate MVR check)
• Civil matters: Lawsuits, divorces, bankruptcies (separate check types)

📁 Types of Criminal Records

Felonies

Felonies are the most serious category of criminal offenses, typically punishable by more than one year in prison. Common felonies include:

• Murder and manslaughter
• Rape and sexual assault
• Robbery and burglary
• Aggravated assault
• Drug trafficking (large quantities)
• Grand theft/larceny (high value)
• Fraud and embezzlement
• Weapons offenses
• Kidnapping
• Arson

Felony convictions have the most significant impact on employment, housing, and other opportunities. Most employers consider felonies carefully, and some positions prohibit hiring individuals with certain felony convictions.

Misdemeanors

Misdemeanors are less serious offenses, typically punishable by up to one year in county jail (not state prison). Common misdemeanors include:

• Petty theft/shoplifting (low value)
• Simple assault/battery
• DUI/DWI (first offense in many states)
• Disorderly conduct
• Trespassing
• Vandalism (minor damage)
• Drug possession (small amounts)
• Reckless driving
• Public intoxication

While misdemeanors are less serious than felonies, they still appear on background checks and can affect employment, particularly for positions involving trust, safety, or vulnerable populations.

Infractions and Violations

Infractions are minor offenses that typically result in fines only—no jail time. Examples include traffic violations, jaywalking, and minor ordinance violations. These generally don’t appear on criminal background checks but may appear on driving record checks.

⏱️ How Long Criminal Records Stay on Background Checks

The length of time criminal records remain reportable depends on federal law, state law, and the type of record.

Federal Law (FCRA) Limits

The Salary Exception

Under FCRA, the 7-year limit on non-conviction records does NOT apply to positions with annual salary of $75,000 or more. For high-paying positions, background check companies can report arrests and other non-conviction information beyond 7 years.

State Law Variations

Many states impose stricter limits than federal law. In these states, even convictions may be limited:

🏛️ Search Levels Explained

Criminal background checks can be conducted at different levels, each accessing different record sources:

County Court Searches

Searches conducted at individual county courthouses where cases were filed. This is the most thorough method for a specific location because it accesses actual court records, not compiled databases.

• Pros: Most accurate and up-to-date; catches recent cases
• Cons: Must search each county individually; time-consuming
• Best for: Thorough searches in known prior addresses

State Criminal Database Searches

Searches of statewide criminal databases maintained by state law enforcement agencies. Coverage and comprehensiveness vary significantly by state.

• Pros: Covers entire state in one search
• Cons: Some states have incomplete databases; may miss recent records
• Best for: Broad coverage when all counties lived in aren’t known

Federal Court Searches

Searches of federal district court records for federal crimes: drug trafficking, immigration offenses, bank robbery, tax evasion, etc.

• Pros: Catches federal offenses not in state records
• Cons: Only covers federal crimes; most crimes are state-level
• Best for: Comprehensive checks; positions involving federal compliance

National Criminal Database Searches

Searches of aggregated databases compiling records from multiple sources nationwide. These are often called “instant” checks.

• Pros: Fast; covers multiple jurisdictions; good for initial screening
• Cons: May have gaps; not all counties report; can miss recent records
• Best for: Initial screening; supplementing county searches

🚨 Arrests vs. Convictions

The distinction between arrests and convictions is legally significant and affects how records can be reported and used.

What’s the Difference?

State Restrictions on Arrest Reporting

Many states prohibit or restrict reporting of arrests that didn’t result in conviction:

• California: Cannot report arrests not resulting in conviction
• New York: Cannot report arrests without conviction; pending cases can be reported
• Massachusetts: Cannot report arrests without conviction
• Illinois: Cannot report arrests without conviction (with exceptions)
• Washington: Cannot report arrests without conviction
• Many others: Growing list of states with arrest restrictions

Can Employers Consider Arrests?

Even where arrests can be legally reported, employers should be cautious about using arrest information:

• EEOC guidance discourages using arrests as basis for employment decisions
• Arrests don’t prove conduct occurred—only convictions do
• Using arrest records can have discriminatory impact
• Some states specifically prohibit considering arrests in hiring

🔐 Expungement & Sealed Records

Expungement and sealing are legal processes that restrict access to criminal records. Understanding these processes is important for both employers and individuals.

Expungement

Expungement legally erases or destroys a criminal record. After expungement:

• The record should not appear on background checks
• You can legally answer “no” when asked about convictions (in most cases)
• The record is treated as if it never existed
• Court records are destroyed or sealed

Sealed Records

Sealing restricts public access but doesn’t destroy the record:

• Record still exists but is not publicly accessible
• Should not appear on standard background checks
• May be accessible by court order or for certain government positions
• Rules for answering conviction questions vary by state

Why Expunged Records Sometimes Appear

Despite being legally erased, expunged records sometimes appear on background checks because:

• Commercial databases captured the record before expungement
• Databases aren’t always updated when expungement occurs
• Multiple databases may have the record, and not all are updated
• Court record updates don’t automatically flow to private databases

Eligibility for Expungement

Expungement eligibility varies by state but often requires:

• Completion of sentence (including probation)
• Waiting period (often 1-10 years depending on offense)
• No subsequent convictions
• Offense must be eligible (many states exclude violent crimes, sex offenses)
• First-time offenders often have easier path

🗺️ State-by-State Laws

Criminal background check laws vary dramatically by state. Here’s a deeper look at major states:

California

• Conviction limit: 7 years for positions under $125,000
• Arrests: Cannot report arrests without conviction
• Ban-the-box: Yes—cannot ask until after conditional offer
• Fair chance: Must conduct individual assessment before rejection
• Expungement: Available for many offenses; expanded under recent reforms

New York

• Conviction limit: 7 years (with some conditions)
• Arrests: Cannot report non-conviction arrests
• Article 23-A: Requires consideration of rehabilitation factors
• Ban-the-box: Yes (NYC has additional requirements)
• Certificate of Relief: Available to reduce conviction impact

Texas

• Conviction limit: 7 years for positions under $75,000
• Arrests: 7-year limit
• Ban-the-box: Public employers only (statewide); some cities broader
• Expungement: Limited; non-disclosure orders available

Florida

• Conviction limit: No state limit (follows federal—indefinite)
• Arrests: No state limit (follows federal—7 years)
• Ban-the-box: Public employers only
• Sealing/expungement: Available for limited offenses

Illinois

• Conviction limit: No specific limit, but restrictions exist
• Arrests: Cannot report arrests without conviction
• Ban-the-box: Yes—private employers with 15+ employees
• Expungement: Expanded eligibility under recent reforms

👔 What Employers Can See

Employers ordering criminal background checks receive reports containing information permitted under applicable federal and state laws.

Typical Employer Background Check Report

A standard criminal background check report includes:

• Case number and court jurisdiction
• Offense description and statute
• Charge level (felony, misdemeanor)
• Filing/arrest date
• Disposition (convicted, dismissed, pending, etc.)
• Disposition date
• Sentence information (if applicable)

What Employers Cannot Do

• Run background check without written consent
• Consider arrests without conviction (EEOC guidance, some states)
• Apply blanket policies excluding anyone with a record (discriminatory)
• Fail to follow adverse action procedures
• Consider expunged/sealed records
• Violate ban-the-box laws (where applicable)

Individual Assessment Requirements

Many jurisdictions require employers to conduct “individual assessment” before rejecting applicants based on criminal history, considering:

• Nature and gravity of the offense
• Time elapsed since offense/completion of sentence
• Nature of the job and its relationship to the offense
• Evidence of rehabilitation
• Age at time of offense
• Employment history since offense

⚖️ Your Rights

Job applicants and others subject to criminal background checks have significant rights under federal and state law.

FCRA Rights

• Disclosure: Must receive written notice that a background check will be run
• Consent: Must provide written authorization
• Pre-adverse action: If employer considers rejecting you, must receive copy of report and rights summary first
• Time to dispute: Reasonable time to dispute inaccuracies before final decision
• Adverse action notice: If rejected, must receive notice with CRA contact info and your rights
• Free report: Entitled to free copy of report after adverse action

State-Specific Rights

Many states provide additional protections:

• Right to receive copy of report before adverse action (some states)
• Right to individual assessment (some states)
• Protection from discrimination based on arrest records
• Ban-the-box protections (delayed inquiry)
• Right to explanation of how record relates to job

📝 Disputing Errors

If your criminal background check contains errors, you have the right to dispute them.

Common Errors on Criminal Background Checks

• Records belonging to someone else with similar name
• Expunged/sealed records still appearing
• Incorrect disposition (showing conviction when case was dismissed)
• Wrong charge level (felony shown as more serious than it was)
• Duplicate reporting of same offense
• Missing disposition information (showing arrest without resolution)
• Outdated information that should have aged off

How to Dispute

🔎 Check Your Own Criminal Record

Running your own background check helps identify potential issues before employers do.

How to Check Your Record

• State Bureau of Investigation: Most states offer criminal history requests
• FBI Identity History Summary: Request your federal record directly from FBI
• County Court Records: Search court records in counties where you’ve lived
• Consumer Background Check Services: Use same services employers use

What to Look For

• Records that should be expunged or sealed
• Incorrect dispositions
• Records belonging to someone else
• Missing information (no disposition shown)
• Duplicate entries

❓ Frequently Asked Questions