How Far Back Do Background Checks Go? -

Published Jul 14, 22
6 min read

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Information on this site is not intended as, nor is legal advice or the establishment of an attorney-client relationship. Case results depicted are not a prediction or guarantee of potential case outcomes.

The answer isn’t black and white. Nationally, according to the Fair Credit Reporting Act (FCRA), there’s no limit to how many years an employer can go back when searching during a background check for a conviction. So, if your verdict was twenty-five years ago, they can access this information. However, the rules for these screenings vary by location because states have different laws.

Under most circumstances, many locales won’t allow a background check companies to share criminal history information that’s older than seven years. However, some states allow a background check companies to share information that’s up to 10 years old. That includes a conviction, felony, or misdemeanor. All states have, at the minimum, one of these limitations.

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Those living in the states mentioned above may find it challenging finding a job if you have a felony, even if it’s up to ten to twenty years old. If you find this is your experience, it may be more favorable for you to move to a state where reporting laws are less strict and more lenient.

If you have yet to start your record expungement, what are you waiting for – Start Your Expungement. If you have already gotten your record expunged, Congratulations! You have completed your Florida record expungement or sealing. However, you are not done yet. You still need to: Back up your legal ability to deny the arrest.

Before We Begin . Before you begin, there is something everyone who has their record sealed or expunged needs to know – this is not a magic bullet. When the judge signs the order, there is no magic wand that removes everything from the internet. This is a first step, the only first step you can take to protect yourself from an arrest history. how to clean up your background check.

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There will be private companies that will continue to have your information, that will never know the court’s decision – until you inform them. Hopefully, this page will help you do this and help you use the protections of the law to the fullest extent possible. Many people have had there criminal arrest record expunged or sealed (either by an attorney or on their own) believe that once the court has granted the petition, there is nothing else to do.

Having a record expunged or sealed is only the first step in this process. but still only the first. After Your Record Has Been Expunged or Sealed When you have your criminal arrest sealed or expunged: The record is . You have the (there are exceptions to this! Entitled Entities).

This includes the records of the arresting agency, the sheriff’s office, the state attorney’s office, and the Florida Department of Law Enforcement [FDLE] (FDLE never physically destroys records since they maintain electronic data. Those records are made non-public and removed from public search but are otherwise kept for historical and statistical purposes).

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Any other official government agency that received such information must also destroy or make confidential any records they maintain and cannot disclose absent a court order. The Ability to Deny the Arrest Ever Occurred Additionally, if your record has been sealed or expunged . This means you can answer no to the question where you ever arrested (as it pertains to the arrest you had sealed or expunged).

You have to disclose a sealed or expunged record to these Entitled Entities. See, ⚖ Entitled Entities. Entitled entities also require Florida’s Level 1 and 2 background checks, which is another way of knowing if an employee is an entitled entity. The ability to deny the arrest means that on applications for most jobs or apartments (housing) you can deny the arrest you had sealed or expunged.

The term used may vary from Clerk to Clerk but basically it is a “criminal history check” through their records to see what they have in their files on you. Criminal History Searches through the Clerk of Court comes with a modest fee but it is well worth it. You need this letter.

Do Expunged Records Show Up On Background Checks?

They also need to know the time range. I suggest having them search before and after the year you were arrested for a period of three to five years. They will do the search and they will not find the sealed or expunged arrest. They will then certify a document indicating the results.

Train Your Mind Starting Now, Do not explain what you are doing to the clerk that assists you. Just ask to have them check their records and provide a certified letter for what they find. If you start mentioning your case that was sealed or expunged, they can become confused.

First, understanding how other states receive criminal history data is important. Most States Have Some Form of Expungement Most states today have some form of expungement process. However, the protections are not the same. National Crime Prevention and Privacy Compact Criminal information between states, the federal government, and other states is governed by the National Crime Prevention and Privacy Compact.

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The information shared is strictly regulated for privacy reasons. There are many purposes the information will be used for, the main one for you is Purpose Code I – non-criminal justice employment and licensing. The term “non-criminal justice” purposes means: …uses of criminal history records for purposes authorized by Federal or State law other than purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances.

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In Florida, these “entitled entities” have access to some portions of criminal records for their hiring process. If you have a record sealed or expunged in Florida and move to another state, you must be aware of that state’s laws regarding entitled agencies and their disclosure requirements. See, Frequently Asked Questions of the Compact [PDF].

A lot of people want to make sure their record has been sealed or expunged after their petition has been granted (see, who is notified of your expungement). They can do this by searching for their record on the Clerk of Court website. They may also want to check with FDLE and the FBI.

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They will suggest you run a criminal history. Below are the links to both agencies websites to run such a report (criminal background check removal). Notifying Private Background Check Companies and Your Rights Under the Fair Credit Reporting Act There are a lot of private companies that collect public records and then database those records and sell them to the public.

They provide a service to people who don’t have the time to look for public records and need or want to know things about people. This includes employers and they are governed by the Fair Credit Reporting Act [FCRA]. Anytime information that is governed by the FCRA is used in an employment scenario, you have specific rights.