Information on an Employee Criminal Background Check

Employers may request only certain information during a background check

There are several limitations to the scope of employee criminal background checks. Here's what employers can and can't check for.

Criminal History

Conviction histories are generally available to employers making a background check. In the United States, there is no statute of limitations on reporting criminal convictions, except in California where convictions older than seven years may not be reported.

Records of Arrest

Records of arrest without conviction are also available in employee background checks. These records are only available for arrests occurring within the past seven years, and are generally not available in California.

Civil Suits and Judgments

Civil suits and judgments may generally be reported during a background check. However, civil suits that occurred more than seven years ago are exempt from reporting.

Report Sources

Information sources that may be used during a background check include criminal records, court records, workers' compensation records, drug test records, incarceration records, and sex offender listings.

Application Questions

Some states limit the scope of questions that employers may ask about arrests and criminal convictions. For more information about laws in your area visit the United States Equal Opportunity Commission website (linked in the Resources section of this article).

References

• Privacy Rights Clearinghouse: Employment Background Checks

Resources

• US Equal Opportunity Commison: Employment Information