The “7-year rule” often referenced in background checks pertains to the Fair Credit Reporting Act (FCRA), a federal law that governs the collection, dissemination, and use of consumer information, including background checks. According to the FCRA, certain types of information, including non-conviction criminal records, civil suits, judgments, and tax liens, may not be reported by consumer reporting agencies (CRAs) if they are older than seven years.

Here’s a breakdown of how the 7-year rule applies to different types of information…

1. Non-Conviction Records – Arrests, indictments, or other criminal charges that did not result in a conviction generally cannot be reported if they occurred more than seven years ago.
2. Civil Suits, Judgments, and Tax Liens – Similarly, civil suits, judgments, and tax liens may not be reported if they are more than seven years old.

Take into consideration a few key points…

1. The 7-year rule applies to background checks conducted by CRAs for employment purposes, tenant screening, and credit applications. Certain exceptions may apply, such as positions with salaries above a certain threshold or positions involving security clearances, where more extensive background checks may be conducted.
2. Some states have their own laws regarding the reporting of criminal records and other information on background checks, which may differ from the FCRA. In some cases, state laws may allow for the reporting of information beyond seven years.
3. The 7-year rule applies to information reported by CRAs. Information may still be accessible through other means, such as direct inquiries to courts or law enforcement agencies.

While the 7-year rule provides some limitations on the reporting of certain types of information in background checks, be aware that background check practices can vary depending on the nature of the inquiry, applicable laws, and the policies of the entity conducting the background check.