Background Check Laws by State (2026 Guide)

By Recording Law Editorial TeamPublished March 16, 20261 min read

Background check laws in the United States combine federal rules under the Fair Credit Reporting Act, which limits how far back non-conviction records can be reported, with state-level laws that vary widely. As of 2026, 37 states and D.C. restrict when employers can ask about criminal history.

Background check laws determine what employers, landlords, and licensing boards can see on your criminal record and how they can use that information. Every state has different rules, and the landscape is changing rapidly as more states enact Ban the Box and Clean Slate legislation.

Background Check Laws by State

Select your state for a complete guide to Ban the Box laws, lookback periods, Clean Slate provisions, employer and housing check rules, and professional licensing requirements.

Frequently Asked Questions

What is Ban the Box?

Ban the Box laws prohibit employers from asking about criminal history on initial job applications. The timing of when employers can inquire varies by state: some delay until the first interview, others until a conditional offer is made. As of 2026, 37 states plus D.C. have some form of Ban the Box law.

How far back do background checks go?

Under the federal FCRA, non-conviction records (arrests, dismissed charges) can only be reported for 7 years for positions paying under $75,000. Conviction records can be reported indefinitely in most states. Some states like California and New York have additional lookback limits.

What is a Clean Slate law?

Clean Slate laws automatically seal eligible criminal records after a waiting period without requiring the person to file a petition. As of 2026, 13 states plus D.C. have enacted Clean Slate legislation. Pennsylvania was the first in 2018. Minnesota sealed over 1.5 million records in the first months after its law took effect.

Sources and References

15 U.S.C. § 1681: Fair Credit Reporting Act, congressional findings and purpose(law.cornell.edu).gov
15 U.S.C. § 1681a: FCRA definitions including consumer report and investigative consumer report(law.cornell.edu).gov

EnglishEspañol

Background Check Laws

Background Check Laws by State (2026 Guide)

By Recording Law Editorial TeamPublished March 16, 20261 min read

Background Check Laws by State

Select your state for a complete guide to Ban the Box laws, lookback periods, Clean Slate provisions, employer and housing check rules, and professional licensing requirements.