Will a 20-Year-Old Felony Affect My Job Application?

What Is a Background Check?

A background check is a verification process conducted by employers, landlords, or organizations to gather information about an individual’s past. These checks are commonly used in hiring, renting, or evaluating a person’s eligibility for specific roles or opportunities. They provide insights into various aspects of a person’s history, including their criminal record, employment history, education, credit, and more.

Background checks are essential for:

  • Employment: To assess whether a candidate is qualified and trustworthy for a role.
  • Tenant Screening: To determine if a tenant has a reliable rental and payment history.
  • Licensing and Certification: For professions requiring clean records (e.g., healthcare, finance).
  • Safety and Security: To minimize risks in workplaces, schools, and other sensitive environments.

By identifying potential red flags, background checks help organizations make informed decisions and protect their interests.


How Do Background Checks Work?

How Do Background Checks Work?

Background checks rely on databases and public records to compile information. Here’s a breakdown of how they work:

  1. Data Collection: Background check services access multiple sources:
    • Criminal records: Federal, state, and local court systems.
    • Credit reports: From credit bureaus like Equifax, Experian, and TransUnion.
    • Educational records: To verify degrees and certifications.
    • Employment records: To confirm work history and references.
    • Government databases: For security and compliance checks.
  2. Types of Background Checks:
    • Criminal history checks: Focus on felonies, misdemeanors, and arrests.
    • Employment verification: Confirms job titles, employers, and dates of employment.
    • Education verification: Validates degrees, certifications, and institutions attended.
    • Credit checks: Reviews financial stability and creditworthiness.
    • Federal and civil checks: Include federal crimes, lawsuits, and liens.
  3. Reporting Process: The gathered information is compiled into a report that highlights relevant findings based on the requester’s needs. The depth of the report varies depending on the type of check conducted.

What Are Felonies?

What Are Felonies?

Felonies are serious crimes that typically carry severe penalties, including imprisonment for more than one year, significant fines, or both. Felonies are classified as higher-level offenses compared to misdemeanors and are often associated with long-term consequences for individuals.

Common Examples of Felonies:

  • Violent crimes: Murder, assault, armed robbery.
  • Property crimes: Burglary, arson.
  • Drug offenses: Trafficking, manufacturing, or possession of controlled substances.
  • White-collar crimes: Fraud, embezzlement, money laundering.

Felonies are recorded in an individual’s criminal record and are accessible through background checks unless legal actions are taken to remove or conceal them.


How Long Do Felonies Stay on a Background Check?

In general, felonies remain on a background check indefinitely unless specific actions, such as expungement or record sealing, are undertaken. However, the time a felony appears on a background check can vary depending on several factors:

  1. State Laws:
    • Some states enforce a seven-year rule limiting the reporting of criminal records after seven years. For instance:
      • California, Texas, and New York restrict reporting of criminal records after seven years unless the salary exceeds a certain threshold.
    • Other states, like Florida and Indiana, allow felonies to remain on record indefinitely.
  2. Type of Background Check:
    • Basic checks: May only show recent criminal history (e.g., last 7–10 years).
    • Comprehensive checks: Often reveal a lifetime of criminal history, including older felonies.
  3. Nature of the Crime: Felonies involving violence, sexual offenses, or major fraud are more likely to appear due to their seriousness.
  4. Employer or Agency Requirements: Organizations in certain industries (e.g., finance, healthcare, childcare) may mandate stricter and more detailed background checks that include older felonies.

Will a 20-Year-Old Felony Show Up?

Whether a 20-year-old felony appears on a background check depends on several factors:

  • State-Specific Reporting Rules: States with reporting limits may exclude felonies older than seven or ten years. For instance:
    • Texas: Felonies older than seven years may not show up unless salary thresholds are met.
    • New York: Similar restrictions apply for certain positions.
  • Expungement or Sealed Records: If the felony has been expunged or sealed, it will not appear on standard background checks. However, certain entities (e.g., law enforcement or government agencies) may still access sealed records.
  • Type of Screening: Comprehensive or federal background checks may include older felonies, whereas basic employment screenings may focus only on recent history.

For individuals concerned about their records, understanding state laws and the nature of the screening process is critical.

What Determines What Appears on a Background Check?

The results of a background check are influenced by several factors, including legal regulations, the type of screening conducted, and the policies of the organization requesting the check. Below are key factors that determine whether a 20-year-old felony may appear:

1. State Laws

State regulations significantly impact what information can be included in a background check.

  • Seven-Year Rule: Many states, such a