Table of Contents

FCRA Fair Credit Reporting Act 7Year Rule Criminal History?

Last updated 10/26/25 by
The Credit People
Fact checked by
Ashleigh S.
Quick Answer

Is an arrest or charge from more than seven years ago still showing up on your credit report and derailing job or housing applications? 
Navigating the FCRA's seven‑year rule can be confusing, especially with exceptions and reporting errors that could keep outdated criminal data alive, so this article breaks down exactly what's allowed and where the pitfalls lie. 
If you'd prefer a guaranteed, stress‑free path, our experts with 20+ years of experience can analyze your reports, spot inaccuracies, and handle the entire removal process for you.

You Can Stop 7‑Year Criminal History From Hurting Credit.

If a criminal record is staying on your credit report beyond the seven‑year limit, it can unfairly lower your score. Call us now for a free, no‑impact credit pull so we can identify any inaccurate items, dispute them, and help restore your credit.
Call 801-559-7427 For immediate help from an expert.
Get Started Online Perfect if you prefer to sign up online.

 9 Experts Available Right Now

54 agents currently helping others with their credit

What the FCRA 7 year rule actually covers

The FCRA's 7-year rule sets a clear boundary: consumer reporting agencies can't include most negative info on your reports after seven years from the date of the event or delinquency.

This applies to things like unpaid civil suits, judgments for money owed, accounts placed for collection, late payments, and arrest records that didn't lead to convictions. It's all about what shows up in background checks or credit reports pulled by landlords, employers, or lenders - not about wiping your actual court or police records clean. Think of it as a sunset clause for old blemishes in your financial story, giving you a fresh start without rewriting history.

Convictions, though, get different treatment; we'll dive into that next. The rule targets credit bureaus and background check companies to protect your privacy and job prospects.

Key items covered under the 7-year limit:

  • Civil suits and judgments (from filing date).
  • Paid tax liens (from filing; unpaid ones now follow similar rules).
  • Arrests without convictions (from arrest date).
  • Most accounts in collections (from first delinquency).

Remember, this is federal law, so it applies nationwide, but some states layer on extra protections.

Does the 7 year rule erase criminal history

No, the 7-year rule under the FCRA doesn't erase or delete your criminal history, it simply limits what consumer reporting agencies can include in background checks to protect your privacy.

Think of it like a time-stamped filter on your file, you know? For things like arrests or non-convictions without charges, those details can't show up if they're over seven years old, giving you a fresh start in many job or rental applications without dredging up the past.

But here's the key catch, convictions stick around indefinitely in reports unless your state law expunges or seals them, so that speeding ticket from a decade ago might fade, yet a felony could linger if not legally cleared.

To navigate this, check your state's rules on record removal, it empowers you to take control and build that brighter future you're aiming for.

How long arrests stay on your record under FCRA

Under the FCRA, non-conviction arrests can show up on background checks from consumer reporting agencies for up to seven years from the date of arrest.

This means companies like Equifax or TransUnion can't report them beyond that window, giving you a fresh start for jobs or rentals after time passes. Think of it like a temporary scar that fades - it won't haunt your applications forever.

But here's the key distinction: while reportability is capped at seven years, the actual arrest record lives on in public databases or law enforcement files indefinitely.

  • If a future employer digs into court records directly (not through a credit report), they might still find it.
  • Sealed or expunged arrests? Those often vanish from standard checks, but verify with your state laws for peace of mind.
  • Pro tip: Request a copy of your reports yearly to spot and dispute errors early - it's your right under FCRA.

When criminal convictions go past 7 years

Criminal convictions bypass the FCRA's 7-year rule entirely, so they can appear on your background checks indefinitely.

This exemption means consumer reporting agencies like background check companies aren't limited in how long they report convictions, whether misdemeanors or felonies. It's a stark contrast to arrests or non-convictions, which fade after seven years. Think of it like a permanent tattoo on your record, not a temporary sticker.

Only your state's expungement or sealing laws can truly limit what shows up, potentially hiding those convictions from view if you qualify and pursue the process. Check your local rules; they're your best shot at a fresh start without waiting for time to erase the past.

5 exceptions where your record shows longer than 7 years

Under the FCRA, five key exceptions let certain records linger on reports beyond seven years, keeping things transparent without the full wipeout you might hope for.

First, criminal convictions top the list - they can show up indefinitely, no time cap at all (15 U.S.C. § 1681c(a)(5)). Think of it as a permanent footnote; if you were convicted, employers or landlords might still see it, no matter how long ago. This ensures serious history stays visible, but remember, arrests without convictions fade after seven years.

Second, Chapter 7 bankruptcy filings stick around for a full ten years from the filing date. It's like a financial speed bump that doesn't vanish as quickly, alerting lenders to past money troubles. This exception helps creditors gauge ongoing risks, even if you've bounced back strong.

Third, for jobs paying $75,000 or more annually (adjusted for inflation to around $100,000 today), the seven-year limit lifts on non-criminal adverse info like civil judgments or collections (15 U.S.C. § 1681c(b)(3)). Imagine landing that dream role; they get a deeper peek at your credit history to protect their investment, but criminal arrests still drop off at seven years.

Fourth, credit transactions over $150,000 skip the time limits too, allowing older adverse details in reports for big loans or deals (15 U.S.C. § 1681c(b)(1)). You're applying for a major mortgage? Lenders might dig further back to ensure you're solid, turning your past into a fuller story.

Fifth, insurance companies can report beyond seven years when evaluating policies, bypassing limits for accurate risk assessment (15 U.S.C. § 1681c(b)(2)). It's their way of customizing rates fairly, like checking if that old incident affects your home coverage - encouraging you to shop smart and maintain a clean slate moving forward.

Do expunged or sealed records still show in background checks

Expunged or sealed records typically do not appear in background checks that comply with the FCRA.

Under the Fair Credit Reporting Act, consumer reporting agencies must exclude expunged or sealed criminal records from reports they provide to employers or landlords. This protects your privacy and gives you a fresh start. Think of it like wiping a slate clean, the official sources confirm it's gone, so compliant checks shouldn't pull it up.

However, real life isn't always perfect, databases sometimes lag in updates, leading to rare errors where old info slips through. If that happens to you, dispute it directly with the reporting agency, they have a legal duty to investigate and correct promptly.

Remember, expungement operates separately from the FCRA's 7-year reporting timeline for non-expunged records, it fully removes the obligation to report, no time limit attached.

Pro Tip

⚡ You can ask the credit bureau to delete any arrest or non‑conviction entry that's over seven years old, and for any conviction that still shows up, you should check your state's expungement or sealing rules to see if you can have it hidden from future background checks.

What landlords see under the FCRA 7 year rule

Under the FCRA 7-year rule, landlords see non-conviction criminal records like arrests for only up to seven years, while convictions can appear indefinitely on tenant screening reports.

Landlords pull these reports to check your rental history and safety risks, just like you'd peek at a neighbor's references before borrowing their lawnmower. The FCRA keeps things fair by capping old non-convictions, so fresh starts aren't haunted by yesterday's slip-ups.

  • Arrests without convictions: Reportable for 7 years from the date of disposition.
  • Civil suits or judgments: Limited to 7 years, helping you move past minor financial hiccups.
  • Bankruptcies: Chapter 7 shows for 10 years, but that's a separate FCRA exception from criminal stuff.

Imagine applying for an apartment and worrying about a teenage mischief from a decade ago, it's like stressing over an old parking ticket at a job interview, doesn't make sense under FCRA. Convictions stick around forever, though, since they're proven facts, not just accusations.

  • No time limit on convictions: Felonies or misdemeanors show up no matter how old, keeping serious records visible.
  • Expunged records: Often hidden from landlords if properly sealed, giving you that clean slate you deserve.
  • State variations: Some places add protections, but FCRA sets the federal floor for fairness.

How employers use the 7 year rule differently

Employers apply the FCRA's 7-year rule by limiting background checks to non-convictions from the last seven years, while criminal convictions can appear without time limits, giving them a fuller picture of your history.

Under federal law, this means arrests or charges that didn't lead to conviction fade after seven years on employment reports. It's like a built-in sunset clause for the minor stuff, helping you move forward without old shadows. Convictions, though? They stick around, as they're seen as permanent markers of accountability.

Some states tighten this further for jobs, like California or New York, capping even convictions at seven years in certain cases. Check your local rules - it could shorten what employers see and boost your chances. Always get a copy of your report to spot any surprises early.

Does state law override the FCRA 7 year rule

Yes, state laws can override the FCRA's 7-year rule by imposing stricter limits on reporting criminal history, offering you even more protection.

The FCRA sets a federal baseline, like a minimum safety net, allowing non-conviction records like arrests to be reported for 7 years but not longer without exceptions. State laws build on this floor and can't weaken it, but they can raise the bar for greater privacy. Think of it as the federal rule being the starting line, while states like California and New York sprint ahead with tighter rules to shield your past from prying eyes.

  • In California, arrests without convictions can't be reported beyond 7 years from disposition, and while convictions can appear indefinitely, employers often can't consider those over 7 years for hiring under state labor laws, giving you a fresh start vibe.
  • New York sticks close to the FCRA's 7-year limit for adverse info like arrests but layers on fair chance hiring rules, like Article 23-A, which demand individualized reviews without shortening reportable periods, ensuring decisions feel fair and forward-looking.
Red Flags to Watch For

🚩 Some background‑check firms pull arrest data straight from public court databases, which can bypass the FCRA's 7‑year limit and show you old arrests that should be gone. Verify the source.
🚩 Employers paying $75,000 + can request your full credit history, including civil judgments older than seven years, which may hurt your job chances even though the FCRA caps most negative info. Watch high‑salary hires.
🚩 Even after a court expunges or seals a record, the information may linger in a CRA's system for weeks, so you could still be denied before the update spreads. Follow up on removals.
🚩 Some states allow 'look‑back' periods that let landlords or insurers consider convictions older than seven years, overriding the federal rule in specific situations. Check local laws.
🚩 Chapter 7 bankruptcies stay on your credit report for ten years, meaning housing applications can be rejected long after the FCRA's 7‑year rule removes other negatives. Plan for the extra decade.

What happens to old felonies after 7 years

Old felony convictions don't vanish after 7 years; under the FCRA, they can be reported indefinitely on your background checks.

This means that even if it's been a decade or more since your conviction, consumer reporting agencies might still include it when employers, landlords, or others pull your report. It's a tough reality, but think of it like a stubborn stain on your record that doesn't fade with time alone.

The only real path to clearing these old felonies involves pursuing expungement or sealing through your state's specific legal processes, which vary widely by jurisdiction and eligibility. If you've turned your life around, these options can offer a fresh start, so it's worth checking your local laws or consulting a legal aid expert to see if you qualify.

Can background check companies report more than 7 years

Yes, background check companies can report information beyond seven years, but only if it falls under FCRA exemptions like criminal convictions.

These firms must stick to the rules, or you can dispute inaccurate reports that stretch too far back. Think of the FCRA as your personal timekeeper, wiping the slate clean after seven years for most non-conviction items to give you a fresh start in job hunts or rentals.

Exemptions allow longer reporting in key cases, keeping things fair yet transparent. For instance, any criminal conviction, no matter how old, can show up because it reflects ongoing public record status, not just a temporary blip.

Here's what that looks like in practice:

  • Convictions of any age: They stay reportable indefinitely, helping employers assess patterns without time limits.
  • Federal jobs or high-security roles: Backgrounds might dig deeper, up to 10 years or more, if the position demands it under FCRA allowances.
  • Salary thresholds over $75,000: Credit history and related records can extend past seven years, but only for relevant financial insights.

If something slips through unlawfully, like an old arrest without conviction, flag it directly with the agency, the furnisher, or the FTC, turning worry into action.

3 real life examples of the 7 year rule in action

The FCRA's 7-year rule keeps certain criminal history off background checks after seven years, turning old bumps in the road into distant memories for your fresh start.

Imagine Sarah, who got arrested for a minor theft eight years ago, but charges were dropped. When she applies for a job today, that arrest vanishes from her report, letting her shine without the shadow.

  • Her background check comes back clean, thanks to the 7-year limit on arrests without convictions.
  • This rule gives folks like Sarah a second chance, wiping the slate for non-convictions.

Now picture Mike with a felony conviction for fraud from nine years back. Even after seven years, it still shows up, reminding employers of the full picture.

  • Convictions don't expire under FCRA, so serious marks like felonies linger indefinitely.
  • Mike knows this upfront, motivating him to build a stronger recent track record.

For apartment hunting, let's say Lisa's check reveals only the last seven years of her history, even if older arrests exist. Landlords see a limited view, focusing on her current reliability.

  • State laws in places like California might shorten reports further, overriding FCRA for more privacy.
  • Check your rights on the FTC's FCRA consumer rights page to stay empowered.
Key Takeaways

🗝️ The FCRA's 7‑year rule generally requires credit bureaus to drop non‑conviction items - like arrests, unpaid collections, and civil judgments - after seven years from the event date.
🗝️ Criminal convictions, whether felonies or misdemeanors, are not covered by the 7‑year limit and can stay on background reports indefinitely unless a state expungement or sealing process removes them.
🗝️ Some states impose stricter time limits or extra protections, so you should review your local laws to see if arrests or even certain convictions may disappear sooner.
🗝️ You can request your free annual credit and background reports, check for any outdated non‑conviction entries, and dispute inaccuracies directly with the reporting agency.
🗝️ If you want help pulling and reviewing your reports or exploring expungement options, give The Credit People a call - we'll analyze your data and discuss next steps.

You Can Stop 7‑Year Criminal History From Hurting Credit.

If a criminal record is staying on your credit report beyond the seven‑year limit, it can unfairly lower your score. Call us now for a free, no‑impact credit pull so we can identify any inaccurate items, dispute them, and help restore your credit.
Call 801-559-7427 For immediate help from an expert.
Get Started Online Perfect if you prefer to sign up online.

 9 Experts Available Right Now

54 agents currently helping others with their credit