How far back can go for a background check

What type of background check are you talking about? There is more than one type, they can go back over 30 years on certain ones... but others won't be that comprehensive.

I apply for a limo driver job.i have a receiving stolen property charges 15 years ago.will that come up

Not familiar with what sort of background checks are done in that specific situation... but someone that is will come along and answer.

But since I have found those are controlled by state laws and regulations... what State would this be in.

Hello MR:

If your prospective employer wants to know everything about you, and is willing to spend the money to find out, he will find out EVERYTHING...

However, for a limo driving job, I think they'll do a CHEAP background check, if they do one at all. So, there's no telling whether it will show up or not...

As an example, there was one background check company that was touted on this very website... When I went there to check on MY background, they MISSED most of it.

excon

If the employer goes directly to the source of the record, like the courthouse, there is no time limit as to what the employer can see because it's all public info.

However if the employer uses a company to pull the record, then the company has to follow certain reporting guidelines according to state or federal laws

If the employer is in a state that has it's own reporting guidelines, the company follows those guidelines. If the company does not have it's own guidelines, it defaults to the federal FCRA rules which are: arrests and other derogatory info can be reported up to 7 years except for convictions which can be reported indefinitely

If the employer in NY say uses a company, an arrest cannot be reported unless there was a corresponding conviction. In NY a record of conviction can be reported for up to 7 years; however if the job applicant can be expected to earn $25,000 or more on the job, then the 7 year rule does not apply

Hello r:

The Fair Credit Reporting Act, (http://www.ftc.gov/os/statutes/031224fcra.pdf) is CIVIL in nature, and it only addresses CREDIT issues - NOT criminal. There is NO mention of arrests, or the reporting thereof.

In fact, there are NO federal or state guidelines regulating background checks. If it can be found, it can be reported.

excon

Look at FCRA 605 (2) and (5). (2) says no records of arrests antedating the report more than 7 years which means arrests can be reported less than 7 years, and (5) implies that convictions can be reported

look at FCRA 605 (2) and (5). (2) says no records of arrests antedating the report more than 7 years which means arrests can be reported less than 7 years, and (5) implies that convictions can be reportedHello again, r:

So it does... I never saw that before... You are due an apology.

excon

A criminal history from the police and most private reporting companies will show all criminal history. Does not matter if it is 15 or 30 years. ( unless it was explunged) or charges dropped though a first offender program.

And with respect, all criminal historys I have ran ( and it has been 1000's) were never limited to any number of years

I do background checks. I can go back 20, 30 and more years, depending on how thorough the check is. I have no idea what State or Federal guidelines are involved and am talking about criminal record, not credit checks.

There is a big different in what is (and can be) reported to credit bureaus and what is available from Court/Police sources. The FCRA addresses credit reports, not Police records and/or other sources. I am not aware of anyone who relies solely on credit reports when running a background check.

Yes, if the employer is willing to pay for a thorough check the 15-year old arrest WILL show up.

Ex con--i'm up on this stuff because I myself have a violation in NY state and so have researched it thoroughly.

Reporting companies receive all information available at the criminal courthouse, but once they get the info it's up to the reporting company to follow the rules of either the individual state (if it uses it's own FCRA rules) or the Federal model.

For example, if a reporting company reporting to a NY employer receives a criminal record at the courthouse, it then has to follow the NY State General Business Law (I think it's section 380 j) as to whether it can report the info to the employer. If the record is over 7 years old, it cannot be reported. However if the job applicant (consumer) can be expected to earn at least $25,000, then the 7 year rule does not apply

If the employer is in a state that does not have it's own FCRA rules, it defaults to the Federal FCRA model (arrests and other adverse info up to 7 years except for conviction which can be reported indefinitely)

Law enforcement agencies records generally are restricted to entities who have a legal right to receive criminal history info. For example, the public cannot find out about someone's misdemeanor if they contacted NY DCJS in Albany because the info is restricted. Most private companies cannot obtain criminal record info on job applicants from NY DCJS unless they are legally permitted to do so. Reporting companies are considered "the public" and cannot obtain such info without legal permission

An entity that is legally permitted to receive information from a law enforcement agency will always receive the entire criminal record(unless it's sealed) because it has nothing to do with FCRA

In fact the majority of private companies use reporting companies because those companies obtain their info from the criminal courts, where criminal records ARE available to anyone .

If an employer does not use a company and receives a record from the court, it does not have to follow any FCRA laws

I will have to disagree totally. A NCIC report that is given to the public will contain all of their criminal record, that is misdemeanors or felonies, these are the reports given as public if there is a signed release from the person having their background check done.

Private companies can only get them if the person being checked has signed a release for the info to be given.

But I will agree ( although you are really wrong on many points) that most checks are done though private companies where things like explunging and the such are not required if they find the info.

An NCIC report is confidential and only avail to LE and other entities who can receive the info. Banks, museums, child care agencies can receive it but not 'the public" which means anyone who is not legally entitled to see it

Someone who agrees in writing to have their NCIC report checked doesn't mean it's not public info, it just means the subject permits their NCIC report to be pulled

Yes public companies can receive it if the subject signs a release. However if the check is done without a company and instead directly from the court a signed release is not required

Expungements are legal operations and involve destroying the record at the court, state and federal levels. Once this is done the info is no longer available for a company to pick up

I am not showing off what I know. I have researched my own record and contacted endless places on the court, state and federal levels and have learned how it all works