Background checks are all about understanding the past to reduce risk in hiring. But how far back should you look? That’s where lookback periods come in. They define how much history is fair game in your screening process.
You might think it’s as simple as picking a time period, but there are additional complexities related to compliance and regulatory policies that are important to understand. Don’t worry. We’ll break it all down so you can determine which is right for your business.
What are lookback periods?
Think of lookback periods as the time machine of background screening. They define how far back you’ll dig into someone’s history to find reportable records. This includes employment history, motor vehicle records, criminal history, and more.
But lookback periods are especially important in criminal history checks, where laws and regulations about what can be reported—and for how long—are more complex. These laws often vary between states, creating more complexity compared to other types of checks.
One key detail: Lookback periods for criminal records could be calculated from several dates—like the date of arrest, the date charges were filed, the date of conviction, the sentencing date, or even the date the sentence ended. However, most background screening providers use the original charge date in order to account for compliance nuances at the state or local level.
Standard options for lookback periods
Seven and 10 years are the standard options for lookback periods in criminal background screening. Both are widely supported by providers, but each serves different needs.
Seven-Year Lookback Period
The seven-year lookback period is by far the most common, and for good reason. Many states have laws limiting the reporting of criminal records to seven years, making it the default choice for compliance-conscious organizations.
Why do companies choose seven years?
- Compliance: It’s the safest choice for staying within state laws that limit how far back you can report.
- Speed: Providers’ systems are typically optimized for seven-year searches, which means faster results.
- Availability: Every major provider supports this timeframe, making it easier to switch vendors or tweak your screening packages.
- Consistency: Courts and databases often structure their systems for seven-year searches, keeping the process consistent.
- Support: Providers have more experience with seven-year lookbacks, so you’re always getting their best support.
What are the most common use cases?
Seven-year lookbacks are widely used in both high- and low-risk industries. Whether you’re hiring for childcare or logistics, you aren’t lacking in thoroughness or depth.
10-Year Lookback Periods
While less common, 10-year lookback periods are still considered standard and are available from most providers. They are most often used in industries where safety is a central requirement of the business.
Why choose ten years?
- Increased Safety: Going back three more years provides a broader view of an individual’s history.
- Provider Support: Most background screening providers can accommodate 10-year searches.
What are the most common use cases?
There are a few industries that regularly use 10-year lookbacks, including staffing. However, many industries that previously relied on 10-year lookbacks have been gradually transitioning to the more common seven-year standard.
The 10-year lookback period makes the most sense when:
- The states you operate in all allow it.
- Your industry involves very high-risk positions, where added safety considerations outweigh the benefits of seven-year lookbacks.
Non-standard options for lookback periods
Non-standard lookback periods—like 20 years, 30 years, or even “indefinite” searches going back to age 18—might sound appealing if you’re chasing every possible detail. But in practice, they come with a laundry list of challenges.
The Problems with Non-Standard Lookbacks
- Legal Risk: You might end up receiving records you’re not legally allowed to use in hiring decisions, which opens the door to lawsuits and compliance issues.
- Cost: These searches are typically more expensive than standard options.
- Turnaround Time: The further back you go, the harder it is for courts to actually keep and surface the record. There’s a higher chance that the records aren’t digitized, are stored in a separate system, or require manual effort to retrieve. Expect delays.
- Record Availability: Many jurisdictions don’t retain records beyond seven or 10 years. You could end up paying more without uncovering anything useful.
- Accuracy: In some jurisdictions, older records may be missing identifying information, such as date of birth (DOB), which can make it more difficult to ascertain that the record belongs to the candidate
- Relevance: Older records often create more confusion than clarity in the hiring process. For instance, consider a DUI from 20 years ago. Does it reflect a one-time lapse in judgment by a 21-year-old or does it signal a pattern of risky behavior? The further back you go, the harder it is to connect past behavior to present risks, leaving you with more questions than answers. These searches can create confusion instead of clarity.
But what about critical offenses?
Some offenses—like sexual abuse of a minor for childcare positions—may disqualify someone regardless of how long ago they occurred. For these cases, there are better tools than looking for criminal records—such as national sex offender databases.
Choosing a seven- or 10-year lookback doesn’t mean ignoring critical offenses; it just means relying on specialized searches for specific risks.
Which lookback period should you choose?
For most companies, the seven-year lookback period is the best choice. It fits within the compliance requirements of most states and organizations, aligns with the capabilities of screening providers, and provides the best balance of risk and relevance most employers need.
10-year lookbacks may also be a good option if your organization operates in a high-risk industry and compliance laws in your states allow it.
Non-standard options, such as 20- or 30-year lookbacks, bring more complexity than value. Records that far back can be legally risky, harder to obtain, and less relevant to a candidate’s current qualifications or behavior.
Choosing the right lookback period is about balancing compliance, risk tolerance, and operational needs. Consult with your own legal counsel to decide on the best lookback period for your background checks.
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Disclaimer: This content is for informational and educational purposes only and should not be taken as legal advice or used as a substitute for obtaining legal counsel. You should always speak to your own lawyer before acting or refraining from acting on the basis of any information included in this post.