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  1. #1
    Join Date
    Sep 2014
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    12

    Default How Many Years of a Criminal Record Show Up on a Background Check

    My question involves criminal records for the state of: California.

    I'm having a background check with fingerprinting so it is an official DOJ/FBI report. I have no record currently or recently but 17 years ago I got a DUI and apparently was also convicted of battery on a peace officer (I honestly thought the judge threw that out.) I've heard differing things about some sort of 7 year rule in CA, but it is not clear to me that it applies or that every entity has to follow that.

    So I guess I'd like to hear clarification on that rule, but wonder also if there are laws or guidelines for using such an old offense that was not a felony adversely.

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: How Many Years for a Background Check

    There are three issues here:

    Seven years is credit report history age only.
    Ten years applies to the duration of DUI on your driving record as well as how long it counts as a prior for subseqeunt DUI
    Your criminal record however is FOREVER (unless expunged).

  3. #3
    Join Date
    Sep 2014
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    12

    Default Re: How Many Years for a Background Check

    There are descriptions that say the 7 year rule covers prior criminal records, and I just ran my own background check and nothing came up. It isn't the official type obviously, but still. To clarify, the DUI and battery according to what I found out today were together so not considered separate misdemeanors. I asked because I was so surprised to see it.
    I do understand that my criminal record is permanent. Not only that but I have read right here that expungement does not mean that it goes away. And for licensing in the future I will have to report anyway.

  4. #4
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    Sep 2010
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    19,901

    Default Re: How Many Years for a Background Check

    I don't know what description you are reading but CRIMINAL records in California and everywhere I am familiar with ARE FOREVER. It matters not how you get at it. The only time seven years comes into play is when data is maintained by the FCRA entities. This isn't "criminal" information but rather independently generated things like credit history or the fact that a store has caught you stealing from them.


    WHy don't you understand that a criminal record is permanent. It is. Unless you qualify and actually do expunge an entry it stays there forever. Expungement doesn't hide it unconditionally, but it hides it from visibility to the "public".

  5. #5
    Join Date
    Sep 2014
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    12

    Default Re: How Many Years for a Background Check

    You misread. I explicitly said that I did understand that criminal record is permanent. Word for word. Didn't mean to irritate you. I'm just reporting what I have heard and also read online on multiple sites, some that appeared to be official though I am not going to track them down right now. I didn't say I believed it. I wouldn't be asking questions in a legal forum if I believed it.

    What I'm still wondering about is if there are laws or precedents for how far back they can use information adversely.

    - - - Updated - - -

    California does seem to have a law that differs from the rest of the country. In Section 1786.18, which was posted by an administrator on this site, it reads:

    (7) Records of arrest, indictment, information, misdemeanor complaint, or conviction of a crime that, from the date of disposition, release, or parole, antedate the report by more than seven years. These items of information shall no longer be reported if at any time it is learned that, in the case of a conviction, a full pardon has been granted or, in the case of an arrest, indictment, information, or misdemeanor complaint, a conviction did not result; except that records of arrest, indictment, information, or misdemeanor complaints may be reported pending pronouncement of judgment on the particular subject matter of those records.

    So this is where the 7 year rule comes from in terms of criminal convictions in California. I believe that certain entities do not have to follow this. And also I am not clear if it applies to all types of background checks like those that include fingerprinting.

    It does however set some sort of standard in the state about limiting how far back your record can be used adversely.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: How Many Years for a Background Check

    Sorry if I misunderstood you. However the law you quote mostly doesn't apply. It talks about criminal information on consumer reporting agency. That's only a small fragment of the types of background checks available.

  7. #7
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: How Many Years for a Background Check

    A lot of people post here complaining that they didn't get a job because something in the distant past came up on the background check.

    So here are the words to live by:

    Assume that everything bad that you ever did will come up.

    If the question on the application says "have you ever" you reveal all of it no matter how far back.

    If the question on the application says "have you, in the last x years" you reveal only the last x years.

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