A First Advantage background check generally reaches back seven years for most negative information, but criminal convictions can be reported with no federal time limit at all. How far back a First Advantage background check goes depends on the type of record, the salary tied to the job, and the state where you live or work. The sections below break down each look-back window so you can anticipate what an employer will actually see.
The Seven-Year Rule for Most Negative Information
The Fair Credit Reporting Act sets the baseline. Under federal law, most adverse data drops off a background report once it is more than seven years old. Civil judgments, arrest records, paid tax liens, and accounts sent to collections all fall within this seven-year cap.1Office of the Law Revision Counsel. 15 U.S.C. 1681c – Requirements Relating to Information Contained in Consumer Reports
Bankruptcies get a longer window. A bankruptcy can appear for up to ten years from the date the order was entered.1Office of the Law Revision Counsel. 15 U.S.C. 1681c – Requirements Relating to Information Contained in Consumer Reports
When the Seven-Year Cap Disappears
If the position you are applying for pays $75,000 or more per year, the seven-year restrictions lift, and the employer can see older negative financial information.1Office of the Law Revision Counsel. 15 U.S.C. 1681c – Requirements Relating to Information Contained in Consumer Reports This threshold has been fixed at $75,000 since 1998 and is written directly into the statute. It does not adjust for inflation.
Criminal Records: Convictions Have No Time Limit
Criminal history is where look-back periods matter most, because the FCRA specifically excludes conviction records from the seven-year cap. A conviction from any point in your past can legally appear on a First Advantage report.1Office of the Law Revision Counsel. 15 U.S.C. 1681c – Requirements Relating to Information Contained in Consumer Reports
Many employers voluntarily limit their criminal searches to the past seven or ten years, but federal law does not require them to.
Arrests and Non-Convictions
Records that did not lead to a conviction, including dismissed charges, acquittals, and dropped cases, cannot be reported more than seven years after the charges were filed.1Office of the Law Revision Counsel. 15 U.S.C. 1681c – Requirements Relating to Information Contained in Consumer Reports One important detail: the seven-year clock starts on the date the charge was originally entered, not the date it was later dismissed or resolved. A 2024 Consumer Financial Protection Bureau interpretation confirmed that later events such as a dismissal do not restart or extend the reporting window.2Federal Register. Fair Credit Reporting; Background Screening So if charges were filed in 2018 and dismissed in 2022, the window still runs from 2018.
Pending Cases
Criminal cases that have not yet reached a final outcome are generally reportable. Screening agencies must include any available resolution information when reporting charges, so if a case has since been resolved, the report should reflect that outcome.2Federal Register. Fair Credit Reporting; Background Screening
Sex Offender Registry
Sex offender registry entries are tied to criminal convictions and can be reported indefinitely, just like any other conviction record. The Department of Justice has confirmed that registration duration under the Sex Offender Registration and Notification Act is governed by its own criteria and does not conflict with the FCRA’s reporting limits.3Federal Register. Registration Requirements Under the Sex Offender Registration and Notification Act
State Laws That May Shorten the Window
Federal rules set the floor. Roughly a dozen states enforce stricter reporting limits. Some cap the reporting of criminal records, including convictions, at seven years regardless of salary. Others apply the seven-year cap only when the position pays below a specific salary threshold. Because these state laws can override the federal salary exception, First Advantage must follow whichever rule is more protective of the applicant based on the state where you live or work.
Other Screening Types Follow Their Own Rules
Not every part of a background check runs on the seven-year clock. Several categories operate under their own standards.
Employment Verification
Most employers verify the last seven to ten years of work history, or your three most recent positions. These checks confirm job titles and dates. Because this information is factual rather than adverse, it is not subject to the FCRA’s seven-year cap on negative data.
Education Verification
Degrees and academic credentials are permanent records. First Advantage contacts school registrars to confirm graduation dates and degrees regardless of when they were earned. There is no time limit on verifying educational qualifications.
Driving Records
Motor vehicle records typically cover three to five years of driving history, though the exact window varies by state and the type of record requested.
Drug and Alcohol Testing History
For safety-sensitive positions regulated by the Department of Transportation, employers must collect at least two years of prior drug and alcohol testing history from previous employers. Some DOT sub-agencies require longer windows: the Federal Motor Carrier Safety Administration requires three years, and the Federal Aviation Administration requires five.4U.S. Department of Transportation. DOT Rule 49 CFR Part 40 Section 40.25 Q&A
Healthcare Sanctions
Healthcare employers check the OIG’s List of Excluded Individuals and Entities to confirm eligibility for federal health care programs. Mandatory exclusion periods last a minimum of five years, and some license-related exclusions are indefinite. Reinstatement after an exclusion period ends is not automatic. You must apply, and the earliest you can begin is 90 days before the exclusion period expires.5Office of Inspector General, U.S. Department of Health and Human Services. Exclusions FAQs
Social Media
First Advantage social media checks can review up to seven years of publicly available posts, comments, images, and other activity on common platforms.6First Advantage. Social Media Checks These screenings flag content from pre-identified behavioral categories rather than providing a raw feed of your online activity. An employer must specifically include social media screening in its package for this to appear in your check.
What Your Employer’s Package Actually Pulls
The specific records First Advantage searches depend entirely on the screening package your prospective employer selects. A basic package for an entry-level role might include only a criminal database search and identity verification. Broader packages, common in healthcare, financial services, and government contracting, can add federal court searches, international records, professional license verification, and credit history.
The law sets the outer boundary on what can be reported. Your employer decides how deep the search actually goes. A company that only purchases a seven-year criminal search will not see older records even if federal law would allow them to appear.
If Something Looks Wrong on Your Report
If your First Advantage report contains inaccurate information, you have the right to dispute it. Once you file a dispute, the screening agency must investigate for free and resolve it within 30 days. If the disputed information turns out to be inaccurate or cannot be verified, it must be corrected or removed.7Office of the Law Revision Counsel. 15 U.S.C. 1681i – Procedure in Case of Disputed Accuracy
To file a dispute directly with First Advantage, you can use their online dispute form, call 800-845-6004, or email consumer.documents@fadv.com.8First Advantage. How to Dispute Your Background Check
If an employer takes adverse action against you based on a background report, you are entitled to a free copy of your file from the screening agency, as long as you request it within 60 days of receiving the adverse action notice.9Office of the Law Revision Counsel. 15 U.S.C. 1681j – Charges for Certain Disclosures Requesting your file is the first step if you believe something was reported incorrectly, because you cannot dispute information you have not seen.