When an organization orders a background check, one of the most common questions is:
“Why do background checks usually focus on the past seven years?”
This time frame—known in the industry as the 7 Year Rule—isn’t arbitrary. It’s tied to the FCRA 7-year rule, state regulations, and best practices that ensure fair, accurate, and compliant hiring decisions.
What Is the 7 Year Rule in Background Checks?
The Fair Credit Reporting Act (FCRA) regulates what consumer reporting agencies (CRAs) like SecureSearch can report:
Non-convictions (arrests not leading to conviction, dismissed charges, civil suits, paid tax liens, etc.) are limited to seven years.
Bankruptcies may be reported for up to ten years.
Criminal convictions may be reported indefinitely under federal law, unless a state law imposes stricter limits.
Because of this, many organizations adopt a 7-year background check standard to stay compliant and avoid unnecessary risk.
State Laws That Impact the 7 Year Rule
Several states go further than federal law, placing their own restrictions on what can be reported:
California & Massachusetts – Convictions more than seven years old cannot be reported.
New York – Convictions older than seven years cannot be reported unless the job pays $25,000+ annually.
Washington – Seven-year limit applies unless the job pays $20,000+ annually.
This patchwork of rules is why using a consistent 7-year background check standard is the safest path for national employers.
Why Employers Use a 7 Year Background Check
Adopting the 7-year rule provides three key benefits:
Compliance – Avoids violations of the FCRA and state reporting restrictions.
Relevance – The EEOC advises considering how much time has passed since an offense; older records may not reflect current risk.
Consistency – Provides a fair, uniform window across all applicants.
When Employers May Go Beyond 7 Years
While the 7-year background check is standard, there are times deeper searches may be warranted when legally allowed:
Federal court searches – To uncover crimes like internet crimes against children, fraud, and trafficking.
High-trust positions – Executive and financial roles may justify extended searches.
Statewide repositories – Some states hold records longer, but reporting depends on local law.
SecureSearch Best Practice: Going Beyond the Minimum
SecureSearch helps clients stay compliant and maximize protection through:
Gap Coverage – Every name and address from the past 7 years is checked at county, statewide, and federal levels.
Federal Court Searches – Recommended for all positions, especially those involving children or sensitive data.
Alias Checks – Ensuring that all known names are searched, not just the current one.
This layered approach closes blind spots and strengthens safety far beyond a simple database-only search.
Final Takeaway
The FCRA 7-year rule sets a national baseline, but state laws and best practices make the 7-year background check the industry standard. By working with SecureSearch, your organization gets compliance, thoroughness, and peace of mind—knowing you’ve gone beyond the bare minimum.
Reach out to SecureSearch at info@SecureSearchPro.com or 1-866-891-1954