Background checks for a job: what can show up, how long it takes, and how to fix a mistake

What can show up on a background check, and for how long

A background check company (a consumer reporting agency) may not include these items once they are older than the federal limits. The limits do not apply to a report for a job with a yearly salary of $75,000 or more, a loan of $150,000 or more, or life insurance of $150,000 or more. 15 U.S.C. § 1681c(a), (b)

A company that reports court records for employment must also either tell you, at the time, that it is reporting public record information and to whom, or keep strict procedures so that arrests, convictions, suits and judgments are reported with their current status. 15 U.S.C. § 1681k(a)

Stricter state limits: Maryland and Montana

Federal law blocks newer state rules on what a report may contain, but state laws that were in effect on September 30, 1996 still apply. 15 U.S.C. § 1681t(b)(1)(E) Two that we read on their official sites go further than federal law for criminal records (Md. Code, Com. Law § 14-1203(a); Mont. Code Ann. § 31-3-112):

Other states were not checked for this page: several state code sites refused our checking location. Some states and cities also limit when an employer may ask about criminal history; check your state labor or civil rights agency.

How long does a background check take?

No federal law sets how fast a background check must be finished. It depends on what the employer ordered: county court searches, past employers and schools that must answer, or a driving record. Ask the employer which company runs the check, so you can follow up with the company directly. What the law does time is your side of it:

Your permission comes first

Before an employer gets a background report on you from a screening company, it must tell you in writing, in a document that consists only of that disclosure, that it may get a report for employment purposes, and you must authorize it in writing. 15 U.S.C. § 1681b(b)(2)(A)

You do not have to give permission, but the EEOC and the FTC point out that an employer may then reject your application. If an employer gets a report without your permission, the guidance says to contact the FTC. EEOC and FTC: Background checks, what job applicants and employees should know

Before and after an employer rejects you: the two notices

1. 1Before the decision: the pre-adverse action notice. Before taking any adverse action based even in part on the report (not hiring, firing, not promoting), the employer must give you a copy of the report and a written description of your rights under the FCRA. 15 U.S.C. § 1681b(b)(3)(A)
2. 2Check the report and dispute errors now. This is the moment to read every line and dispute anything wrong with the company that made it, and to tell the employer you are disputing.
3. 3After the decision: the adverse action notice. If the employer goes ahead, it must tell you so and give you the screening company’s name, address and phone number, a statement that the company did not make the decision and cannot say why, and notice of your right to a free copy within 60 days and to dispute. 15 U.S.C. § 1681m(a)

The FCRA sets no fixed number of days between the two notices; its purpose is that you see the report before the decision is final. Applications by mail, phone or computer for jobs regulated by the U.S. Department of Transportation follow a shorter rule: one notice within 3 business days after the action. 15 U.S.C. § 1681b(b)(3)(B)

How to dispute a mistake with the background check company

1. 1Get the report. Use the copy that came with the pre-adverse action notice, or ask the company for your file (15 U.S.C. § 1681g). After an adverse action notice, the copy is free if you ask within 60 days.
2. 2Write to the company that made the report. Name each wrong item, say why it is wrong, and attach proof, such as a court record showing a dismissal, a different date of birth, or your own name spelled differently. The letter generator below builds it.
3. 3The company reinvestigates for free. It must finish within 30 days, or up to 15 more if you send relevant information in that time, and must delete or correct any item it finds inaccurate, incomplete or cannot verify. 15 U.S.C. § 1681i(a)(1), (a)(5)(A)
4. 4Get the results. Within 5 business days after it finishes, in writing. A deleted item may come back only if the source certifies it is accurate, and you must be told within 5 business days. 15 U.S.C. § 1681i(a)(5)(B), (a)(6)
5. 5If it is not fixed. You can add a brief statement of the dispute to your file; the company may limit it to 100 words if it helps you write a clear summary. 15 U.S.C. § 1681i(b)

When a background check is used unfairly

An employer may ask about your background, but it must treat you the same as anyone else regardless of race, national origin, color, sex, religion, disability, genetic information or age (40 or older), and may not ask for medical information before a job offer. A policy that excludes people with certain criminal records can also be illegal if it disadvantages a protected group and does not accurately predict who will be a responsible, reliable or safe employee. EEOC and FTC: Background checks, what job applicants and employees should know

Contact the EEOC at 800-669-4000 (TTY 800-669-6820) if you think a background check was discriminatory; there are strict deadlines, explained on how to file a discrimination charge.

If the company or the employer breaks the rules

• Willful violations. Your actual damages, or damages of not less than $100 and not more than $1,000, plus punitive damages a court allows and attorney’s fees.15 U.S.C. § 1681n(a)
• Negligent violations. Your actual damages and attorney’s fees.15 U.S.C. § 1681o
• The deadline to sue. The earlier of 2 years after you discover the violation or 5 years after it happened.15 U.S.C. § 1681p

If you win, the court can order the other side to pay your costs and reasonable attorney’s fees. 15 U.S.C. §§ 1681n(a)(3), 1681o See Find a lawyer or free legal aid.

Common questions

Official sources

1. 15 U.S.C. § 1681c: information excluded from consumer reports ((a)(1) 10 years; (a)(2)-(a)(5) 7 years; convictions excepted; (b) $75,000 and $150,000 exemptions; (c)(1) the 180-day start) govinfo.gov
2. 15 U.S.C. § 1681b(b): employment reports ((2)(A) standalone disclosure and written authorization; (3)(A) copy of the report and summary of rights before adverse action; (3)(B) 3 business days) govinfo.gov
3. 15 U.S.C. § 1681m(a): the adverse action notice (agency name, address, phone; agency did not decide; free copy within 60 days; right to dispute) govinfo.gov
4. 15 U.S.C. § 1681i: reinvestigation of disputed information (30 days, plus up to 15; 5 business days; deletion; statement of dispute up to 100 words) govinfo.gov
5. 15 U.S.C. § 1681k: public record information for employment purposes govinfo.gov
6. 15 U.S.C. § 1681g: disclosures to consumers (your file) govinfo.gov
7. 15 U.S.C. § 1681j: free disclosure within 60 days after an adverse action notice govinfo.gov
8. 15 U.S.C. § 1681n: civil liability for willful noncompliance ($100 to $1,000) govinfo.gov
9. 15 U.S.C. § 1681o: civil liability for negligent noncompliance govinfo.gov
10. 15 U.S.C. § 1681p: limitation of actions (2 years after discovery, 5 years after the violation) govinfo.gov
11. 15 U.S.C. § 1681t(b)(1)(E): state laws in effect on September 30, 1996 survive govinfo.gov
12. EEOC, with the FTC: Background checks, what job applicants and employees should know (permission, copy of the report, discrimination, contacts) eeoc.gov
13. Maryland Code, Commercial Law § 14-1203: obsolete information (7 years from disposition, release or parole; 10 years for bankruptcies; $75,000 exception) mgaleg.maryland.gov
14. Montana Code Annotated 2025, § 31-3-112: obsolete information (7 years for criminal records from disposition, release or parole; 14 years for bankruptcies) archive.legmt.gov

Related