How far back can a business go on a criminal background check

im applying for an inside sales job for a non city non
gov job…how far back by law can they do a
background check

Asked on March 14, 2018 under Employment Labor Law, Colorado


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

There is no time limit on how far back a prospective employer/employer can look into an applicant/employee's background. That having been said, there are some restrictions under federal (and possibly state) law on how a criminal history can be used in the hiring and retention of workers. For further information about this, you can consult directly with a local criminal law attorney.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

They can go back as far they like. Employers decide whether to do background checks and, if they want to do one, how far back to go and what to consider relevant or disqualifying information (e.g. what offenses do they care about)? Just as there is no law requireing background checks, there is no law specifying how they are done in this regard.

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