What Gets Checked
Background screenings can pull information from many different sources. Here is what is typically included in a consumer report.
Arrests and convictions, as well as pending charges, may appear depending on the scope of the search and the applicable reporting period in your state.
Payment history, outstanding debts, and bankruptcies. A credit check requires your written consent under the Fair Credit Reporting Act (FCRA).
Dates of employment and job titles are typically verified. Opinions and personal references are generally not disclosed in most states without your consent.
Degree and certificate verification only. Transcripts and detailed academic records require your authorization under FERPA federal law.
Motor vehicle records (MVR) are checked for positions involving driving. Includes license status, violations, and DUI or reckless driving history.
Lawsuits, civil judgments, and liens filed against you may appear. These are typically public records and can be searched by name in many jurisdictions.
How Long Records Remain Visible
Federal law sets maximum reporting periods, but many states impose shorter limits. This table shows the general federal guidelines under the FCRA.
| Record Type | Duration | Notes |
|---|---|---|
| Felony convictions | 7–10+ years | Varies significantly by state; some states allow indefinite reporting for serious felonies. |
| Misdemeanor convictions | 7 years | Some states allow a shorter reporting window for minor misdemeanors. |
| Arrests without conviction | 7 years | Many states restrict reporting of arrests that did not lead to conviction even earlier than 7 years. |
| Chapter 7 bankruptcy | 10 years | Chapter 13 bankruptcy is reported for 7 years from the filing date. |
| Civil court judgments | 7 years | Some states allow judgments to be reported for longer if they remain unpaid. |
| Credit inquiries | 2 years | Hard vs. soft inquiry rules vary; only hard inquiries affect your credit score. |
Your Rights Under the Fair Credit Reporting Act (FCRA)
The FCRA is a federal law governing how consumer reporting agencies collect, use, and share your information. These are your core protections.
Before a screening is conducted, you must be told in writing that a consumer report will be obtained. You must provide written consent before credit or background checks can proceed.
You have the right to request a free copy of your consumer report from the screening company. This allows you to review the information before or after any adverse decision is made.
If information in your report is inaccurate or incomplete, you can challenge it. The consumer reporting agency must investigate your dispute and respond within 30 days.
If an employer, landlord, or creditor takes adverse action based on your report (such as denying a job or housing), they must notify you and provide you with a copy of the report used.
Beyond disputing with the consumer reporting company, you can also dispute inaccurate information directly with the original data furnisher — the source that provided the information in the first place.
How to Dispute an Error
Follow these five steps to challenge inaccurate or outdated information on your screening report.
Request a free copy of your report from the screening company. If you received an adverse action notice, the company must be identified in that notice. For credit reports, visit AnnualCreditReport.com for your free annual report from each major bureau.
Review the report carefully. Look for wrong convictions, records belonging to another person with a similar name, outdated entries that exceed the legal reporting period, or incorrect account information.
Send your dispute by certified mail with return receipt requested. Include your full name, date of birth, address, a copy of your ID, account or record numbers, a clear description of the error, and why it is wrong. Use our free letter templates to get started quickly.
Mail your dispute letter to both the consumer reporting company that produced the report and the original data furnisher (such as a courthouse, employer, or creditor) that supplied the underlying information.
The reporting agency must investigate your dispute and respond within 30 days. Request their written response. If the information is corrected, ask for an updated copy of your report and confirm the change was made.
State-Specific Information
State laws often provide stronger protections than federal law. Select your state to learn what additional rules may apply to you.
California law gives consumers the right to see any consumer report before an employer takes adverse action. The Fair Chance Act (AB 1008) applies to most employers with five or more employees and prohibits asking about criminal history until after a conditional job offer is made.
New York City's Fair Chance Act is one of the strongest ban-the-box laws in the country. Criminal history may not be considered for most jobs until a conditional offer of employment is made. Employers must conduct a specific individualized assessment before withdrawing any offer based on criminal history.
Texas does not have a statewide ban-the-box law for private employers. Federal FCRA protections apply. State criminal records are available to the public through the Texas Department of Public Safety (DPS). Some municipalities may have enacted local ordinances.
Florida has no statewide ban-the-box law for private employers. FCRA federal protections apply. Criminal records are available to the public through the Florida Department of Law Enforcement (FDLE). Some cities and counties have local ordinances providing additional protections.
The Illinois Human Rights Act prohibits certain types of criminal record discrimination in employment. The City of Chicago and Cook County both have strong ban-the-box ordinances that restrict when and how criminal history may be considered during the hiring process.
Washington State's Fair Chance Act prohibits employers from advertising that people with criminal records will not be considered, and bars employers from asking about criminal history until after an initial screening of applicants has been completed.
Massachusetts has strong CORI (Criminal Offender Record Information) reform laws that limit what criminal records employers can access and consider. Sealed records are not disclosed on background reports. Additional waiting periods and restrictions apply depending on the nature of the offense.
Under Colorado HB 19-1025, employers with 11 or more employees cannot ask about criminal history on an initial job application. The inquiry is restricted until the candidate has been selected for an interview or a conditional offer of employment has been extended.
Michigan does not have a statewide ban-the-box law for private employers, though state agencies have adopted fair chance hiring policies. Federal FCRA protections apply. Some municipalities in Michigan have enacted local ordinances restricting criminal history inquiries on job applications.
Georgia does not have a statewide ban-the-box law for private employers. Federal FCRA protections apply to all employment screenings. State agencies operate under a separate executive order limiting criminal history inquiries on initial applications for government positions.
Federal FCRA protections apply in all 50 states and provide a baseline of rights for all consumers. For state-specific rules, contact your state attorney general's office or a local legal aid organization. Over 35 states and 150 cities and counties have enacted some form of ban-the-box or fair chance hiring policy.
Clear Your Record, Clear Your Path
Clearing your record through expungement can remove it from many commercial screening reports, improving your chances of employment and housing. Learn whether you qualify.
Check Expungement EligibilityFrequently Asked Questions
Common questions about background screenings, consumer rights, and how to protect yourself during hiring and housing processes.
Helpful Resources
Take the next step with these tools and guides to protect your rights and move forward.
Find out if you qualify to have your record sealed or expunged and how to begin the process in your state.
Learn MoreConnect with attorneys who specialize in consumer rights, employment law, and housing discrimination in your area.
Find LawyersIf you cannot afford an attorney, free and low-cost legal help may be available through local legal aid organizations.
Get Free HelpThis guide provides general legal information, not legal advice. Laws vary significantly by state and situation. If you have questions about your rights, consult a qualified attorney in your area.