Background Check Laws by State (2026 Guide)

Except as authorized under subsection (b), no consumer reporting agency may make any consumer report containing any of the following items of information: Cases under title 11 or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years. Civil suits, civil judgments, and records of arrest that, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period. Paid tax liens which, from date of payment, antedate the report by more than seven years. Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years. Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.

Official text (excerpt) · last checked 2026-09-16 · Read the full text in our law library · Verify at uscode.house.gov

Also relied on in: How Long Does a Felony Stay on Your Record? (2026), Alabama Background Check Laws (2026 Guide), Arkansas Background Check Laws (2026 Guide)

The Congress makes the following findings: The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer’s right to privacy.

Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov

Also relied on in: FTC Fines Amazon $2.25 Million for Denying Identity-Theft Victims Their Fraud Records Under the FCRA, Louisiana Background Check Laws (2026 Guide), Michigan Background Check Laws (2026 Guide)

Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter. The term “person” means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. The term “consumer” means an individual. The term “consumer report” means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer’s eligibility for— credit or insurance to be used primarily for personal, family, or household purposes; employment purposes; or any other purpose authorized under section 1681b of this title.

Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov

Also relied on in: How to Opt Out of SmartBackgroundChecks (2026), Florida Data Breach Notification Laws: Reporting Rules & Timelines (2026), Hawaii Data Breach Notification Laws: Reporting Rules & Timelines (2026)