What You Need to Know About the 7-Year Rule for Criminal Records
The Fair Credit Reporting Act (FCRA) places a 7-year limit on reporting criminal convictions in employment background checks. Here’s what you need to know about the 7-year rule imposed on background checks.
The 7-year rule bars consumer reporting agencies from reporting adverse information on job applicants that is over seven years old.
Criminal Background Check
Employers routinely utilize background checks for evaluating potential employees. A consumer reporting agency (CRA) conducts a background check to assess the job applicant’s criminal history.
7-Year Rule
Does your criminal record clear after seven years? The short answer is no. However, under the Fair Credit Reporting Act (FCRA), consumer reporting agencies cannot report adverse information, including civil suits, civil judgments, and records of arrests more than seven years old. This rule does not apply to records of convictions.
Related: How to Get a CCW Permit in California
Limitations to the 7-Year Rule
The 7-year rule does not apply to:
- Jobs entailing an annual salary of $75,000 or more
2. Convictions of crimes
Under FCRA, a CRA may report convictions indefinitely.
Title VII prohibits employers from discriminating against individuals based on race, color, religion, sex, or national origin in conjunction with their criminal record. For example, an employer would violate Title VII for denying employment to a black applicant because of his criminal record but still hiring a white applicant despite his comparable criminal history.
Requirements for Denying Employment Based on the Applicant’s Conviction History
If, after making a conditional job offer, an employer denies an applicant employment based on a prior conviction, the employer must assess whether the applicant’s conviction history directly and adversely interferes with their requisite job responsibilities.
The employer must consider the following points:
- The nature and gravity of the offense or conduct
- The time passed since the offense or conduct and/or completion of the sentence
- The nature of the job held or sought
If the employer determines the applicant’s conviction history inhibits job productivity, the employer must notify the applicant of their preliminary decision in writing.
The notice must include the following points:
- The conviction served as a basis for rescinding the conditional job offer
- A copy of the conviction history report
- An explanation of the applicant’s right and deadline to respond to the notice before the employer’s preliminary decision becomes finalized
If the employer finalizes their decision to rescind the conditional offer of employment, the employer should notify the applicant via writing.
Related: How to Disclose a Criminal Record on a Job Application
The notice must include the following points:
- The employer’s final decision
- An explanation of the procedure and the applicant’s right to contest the finalized decision
Public Record
A third-party agency compiles background checks based on public records. Therefore, if a judge clears your criminal record, the consumer reporting agency cannot report such non-public criminal history.
There are two ways to clear your criminal record:
- A judge seals your arrest or criminal record.
Your arrest or criminal record will not be available to the public
2. A judge expunges your arrest or criminal record.
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- The court enters a “not guilty” plea and dismisses your case
- The court indicates the dismissed conviction on your criminal record
State by State Restrictions
Certain jurisdictions have provisions for the 7-year lookback requirements. Below is a list of states with additional lookback restrictions.
A CRA cannot report convictions that are more than seven years old in states, including:
- California
- Kansas
- Maryland
- Massachusetts
- Montana
- New Hampshire
- New Mexico
- New York
A CRA cannot report:
Hawaii
- Felony convictions after seven years
- Misdemeanor convictions after five years
Washington
- Convictions of an adult for a crime after seven years
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