What is in the report
An employment background report comes from a consumer reporting agency. The Consumer Financial Protection Bureau says it can include a credit check, a criminal background check, public records such as court documents, and your employment history, and that the employer needs your written consent first (CFPB, page reviewed December 31, 2024).
Checkr, a large screening company, describes the criminal searches it sells this way (checkr.com, 2026): a county court search for felony and misdemeanor cases, which it calls the most complete source; a state search; a federal search through PACER for crimes such as embezzlement or identity theft, which county searches miss; a national database search used as a starting point, with hits verified at the county; a sex offender registry search; and a motor vehicle record for driving jobs. What shows up depends on the package the employer orders and the limits below.
The federal seven-year rule
The Fair Credit Reporting Act sets the outer limits for every report (15 U.S.C. 1681c).
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| Item | Federal reporting limit |
|---|---|
| Arrest records | 7 years from date of entry (1681c(a)(2)) |
| Civil suits and civil judgments | 7 years, or the statute of limitations if longer (1681c(a)(2)) |
| Paid tax liens | 7 years from payment (1681c(a)(3)) |
| Accounts placed for collection | 7 years (1681c(a)(4)) |
| Any other adverse item | 7 years (1681c(a)(5)) |
| Records of criminal convictions | No federal time limit (1681c(a)(5)) |
| Bankruptcies | 10 years (1681c(a)(1)) |
None of the seven-year limits apply when the job is expected to pay $75,000 a year or more (1681c(b)(3)). Under federal law alone, a conviction can be reported at any age; an arrest without conviction drops off after seven years.
States that limit old convictions
Six states limit convictions in reports to seven years; statutes read October 2026.
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| State | Rule | Salary exception | Statute |
|---|---|---|---|
| California | Arrests, indictments, misdemeanor complaints and convictions may not be reported more than 7 years after disposition, release or parole. An arrest that did not end in conviction may not be reported once that is known. | None for employment. The limit does not apply to life insurance of $250,000 or more, or when a regulator requires the employer to check. | Civ. Code 1786.18 (amended effective January 1, 2025) |
| Massachusetts | Arrest, indictment or conviction records older than 7 years from disposition, release or parole may not be reported. | None | G.L. c. 93, 52 |
| Montana | Same 7-year rule. | None listed | Mont. Code 31-3-112 |
| New Hampshire | Same 7-year rule. | Jobs with an expected salary of $20,000 or more | RSA 359-B:5 |
| New York | Arrests and charges that did not end in conviction may not be reported unless pending. Convictions older than 7 years from disposition, release or parole may not be reported. | Jobs with an expected salary of $25,000 or more | Gen. Bus. Law 380-j |
| Washington | Same 7-year rule. | Jobs with an expected salary of $20,000 or more | RCW 19.182.040 |
A full-time job at $10 an hour pays about $20,800 a year, so the New Hampshire and Washington exceptions reach many hourly jobs; New York's $25,000 line is about $12 an hour. Nevada's statute excludes convictions from its seven-year purge (NRS 598C.150). Hawaii instead limits what an employer may consider: felonies from the most recent seven years and misdemeanors from the most recent five, excluding time in prison (HRS 378-2.5). Rules vary by state and by job; check your state labor department or a legal aid office.
Your rights, step by step
The FCRA sets four steps, explained by the Federal Trade Commission in "Using Consumer Reports: What Employers Need to Know" (October 2016).
- Before the check. The employer must give you a standalone written disclosure and get your written authorization (15 U.S.C. 1681b(b)(2)).
- Before a negative decision. If the employer plans to reject you based in whole or in part on the report, it must first give you a copy of the report and "A Summary of Your Rights Under the Fair Credit Reporting Act" (15 U.S.C. 1681b(b)(3)(A)). This pre-adverse action notice is your chance to point out errors.
- After the decision. The employer must send an adverse action notice with the reporting company's name, address and phone number, a statement that the company did not make the decision, and your right to dispute and get a free copy within 60 days (FTC, October 2016).
- Disputes. Dispute inaccurate or incomplete items with the reporting company. Many specialty reporting agencies let you request a free report every 12 months (CFPB, reviewed December 31, 2024).
Federal law sets no number of days between steps 2 and 3. Some state laws do: California gives at least five business days (Gov. Code 12952) and Washington at least two (RCW 49.94.010). Those rules, and when an employer may ask at all, are on ban the box laws by state.
Arrests versus convictions: the EEOC view
The Equal Employment Opportunity Commission says an arrest by itself does not prove criminal conduct, so excluding someone for an arrest alone is not job related, though the employer may look at the conduct behind it. A conviction usually is enough evidence. An employer that screens on convictions should weigh the nature and gravity of the offense, the time passed, and the nature of the job, and an individualized assessment can include the facts of the offense, your age at the time, work history, rehabilitation, references, and whether you are bonded (EEOC Enforcement Guidance No. 915.002, April 25, 2012). How to put those into words: how to talk about a conviction.
DOT-regulated driving jobs
Driving jobs add federal checks on top of the FCRA process.
- Driving record. Within 30 days of hiring, a motor carrier must get your three-year motor vehicle record from every state that licensed you and investigate your three-year safety history with DOT-regulated employers (49 CFR 391.23).
- Drug and alcohol history. Carriers must query the FMCSA Drug and Alcohol Clearinghouse before you drive (49 CFR 382.701).
- CDL disqualifications. A CDL is taken away for listed driving offenses such as DUI, leaving a crash scene, or using the vehicle in a felony, not for most other convictions (49 CFR 383.51). Full list: fair chance warehouse and driving jobs.
- Hazmat endorsement. To carry placarded hazardous materials you need a TSA security threat assessment: $85.25, or $41.00 with a TWIC in states that accept it, valid five years; apply at least 60 days ahead (TSA hazmat endorsement page, fee effective January 1, 2025). The disqualifying crimes are in 49 CFR 1572.103. Permanent disqualifiers include espionage, treason, terrorism, murder, improper transport of hazardous materials and explosives offenses. Interim disqualifiers apply if you were convicted within the past seven years, or released from prison within the past five, for felonies such as firearms offenses, extortion, fraud, bribery, smuggling, immigration violations, drug distribution, arson, kidnapping, rape, assault with intent to kill or robbery.
Regular-license jobs such as delivery vans and box trucks under 26,001 pounds carry none of these rules; see driver jobs that do not need a CDL. The path to a CDL is on how to get a CDL.
Before you apply
- Pull your own record from court websites and your state repository; many screening companies also give you your own report on request.
- Gather disposition papers for every case: dismissal, completion of probation, expungement or sealing orders.
- Dispute any error in writing with the reporting company and tell the employer. Employers that publish how they review records are on second chance jobs.
Current openings
See driver jobs, warehouse jobs and delivery jobs, or by city: Dallas driver, Houston driver, Dallas warehouse.
Source-linked openings
Current source-linked listings could not be confirmed in this sample. Check the category search and each original posting for availability.
How to verify a listing
Every opening on JobPin links to its source posting. Open it and check the date and the background-check language. A legitimate employer gets your written permission before a check and never charges you for it. Anyone who asks you to pay for a "pre-employment background check", or to text a Social Security number before an interview, is running a scam.
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