A lookback period refers to the span of time a background check covers in an individual's history. It determines how far back employers will search for records related to criminal history, employment, education, and more. The length of this period can vary based on legal requirements, industry standards, and the specific needs of the hiring organization.
🔍 Common Lookback Periods
7-Year Lookback
This is the most commonly used timeframe, primarily because:
Compliance: Many states restrict reporting certain criminal records beyond seven years, which is the most restrictive approach, allowing an employer to comply with all other state laws by adhering to the most restrictive.
Consistency: Using a standard period simplifies the screening process across different jurisdictions.
Efficiency: With common requirements, process and system optimization can lead to faster turnaround time.
10-Year Lookback
Some organizations opt for ten years, especially when:
Role-specific Requirements: Positions with higher responsibility or safety concerns may warrant a more extended review.
Regulatory Requirements: Certain industries or roles may have mandates necessitating a longer lookback.
Compliance. Some states allow for a 10 or more year lookback, so if an employer operates in such states, they may opt for the longer lookback.
⚖️ Legal and Compliance Considerations
While the FCRA allows for the reporting of criminal convictions indefinitely, many states impose their own restrictions, limiting the reporting of certain records to seven or ten years. Additionally, "Ban the Box" and Fair Chance laws in various jurisdictions influence how and when background checks can be conducted and how prospective employers can or can’t use the information. Employers must navigate these regulations to ensure fair and legal hiring practices.
🧩 Determining the Start of a Lookback Period
The calculation of a lookback period can depend on various factors, such as:
Date of Offense: When the incident occurred.
Date of Conviction: When the individual was found guilty.
Completion of Sentence: When the individual completes any incarceration, probation, or parole.
Most background screening providers use the date of final disposition in a case to maintain consistency and compliance across different jurisdictions.
Understanding lookback periods is crucial for employers to make informed hiring decisions while adhering to legal standards. For a more detailed exploration, you can read the full article here:Lookback Periods in Background Checks: Definition, Options, and Which to Choose