The Short Answer: It Depends on What You're Checking
There's no single answer to how far back a tenant background check goes because different components of the check have different lookback periods. Criminal history, credit reports, and eviction records are all governed by different rules, and those rules change depending on which state you're in.
The Fair Credit Reporting Act sets the federal baseline, but many states impose stricter limits. If you're screening tenants in multiple states or near a state border, you need to know the rules for each jurisdiction where your properties are located.
Getting this wrong isn't just a compliance issue — it can result in FCRA violations, Fair Housing complaints, and real financial penalties. Understanding the lookback periods for each type of check protects both your screening process and your legal position.
Criminal Background Check Lookback Periods
Under the FCRA, criminal convictions can be reported indefinitely on a consumer report. There is no federal time limit on how far back a criminal conviction can appear. However, non-conviction records — arrests that didn't result in a conviction, dismissed charges, and acquittals — generally cannot be reported after seven years.
Many states have added their own restrictions on top of the federal rules. Some limit all criminal reporting to seven years regardless of conviction status. Others allow longer lookback periods for felonies but restrict misdemeanor reporting. A few states don't impose any additional limits beyond the federal baseline.
| State | Criminal Lookback Limit | Notes |
|---|---|---|
| California | 7 years | Applies to convictions and non-convictions alike |
| Texas | No state limit | Felony convictions may be reported indefinitely |
| New York | 7 years | For most consumer reporting purposes |
| Colorado | 5 years | Most convictions; exceptions for certain serious offenses |
| Illinois | 7 years | Cannot use arrest records for housing decisions |
| Florida | No state limit | Follows federal FCRA baseline |
This table is a snapshot, not an exhaustive list. State and local laws change frequently, and many cities have their own additional restrictions. Always verify the current rules for your specific jurisdiction before establishing your screening criteria.
Important: Even where the law allows reporting criminal history beyond seven years, HUD guidance requires landlords to evaluate criminal history on a case-by-case basis. A blanket policy of rejecting any applicant with any criminal history — regardless of how old it is — may violate Fair Housing law. See our background checks guide for details on legally compliant criminal history evaluation.
Credit Report Lookback Periods
Credit reports generally cover the past seven to ten years of financial activity. The FCRA sets specific limits for different types of negative information. Late payments, collections, charge-offs, and most civil judgments fall off the credit report after seven years from the date of the original delinquency. Bankruptcies remain on the report for seven to ten years depending on the type — Chapter 7 bankruptcies stay for ten years, while Chapter 13 bankruptcies are removed after seven.
Positive information can remain on the credit report indefinitely, though most credit bureaus keep closed accounts with positive history for about ten years. Open accounts in good standing stay on the report as long as they remain open.
For landlords, the practical implication is that the credit report you pull will typically show the last seven to ten years of an applicant's financial behavior. This is usually enough to identify patterns of financial responsibility or irresponsibility without penalizing someone for ancient history.
Eviction History Lookback Periods
Eviction records are public court records, and the length of time they remain accessible varies by state and by the screening service you use. Most screening services report eviction records going back seven years, which aligns with the FCRA's general reporting limit for civil judgments.
However, some states have enacted specific restrictions on eviction record reporting. Several jurisdictions now limit how long eviction filings — as opposed to eviction judgments — can be reported, particularly filings that were dismissed or didn't result in a judgment against the tenant. The distinction matters because a dismissed filing may not indicate any wrongdoing by the tenant.
Some states and cities have gone further, sealing eviction records entirely after a certain period or restricting landlords from considering eviction filings that didn't result in a judgment. This is an evolving area of law that landlords need to monitor in their jurisdictions.
For a deeper dive into how eviction searches work and what to look for, see our eviction history check page.
Sealed and Expunged Records
If a criminal record has been sealed or expunged by a court, it should not appear on a background check at all. A compliant screening service will filter out sealed and expunged records before delivering the report to you. If the record doesn't appear on the report, you have no basis to consider it — and if you happen to learn about an expunged record through other means, you generally cannot use it in your screening decision.
The same principle applies to juvenile records, which are sealed in most jurisdictions. These records should not appear on a tenant background check and cannot be used as a basis for denial.
What This Means for Your Screening Criteria
Understanding lookback periods helps you set realistic, legally compliant screening criteria. If your state limits criminal history reporting to seven years, your criteria should reflect that — there's no point in having a policy about criminal history older than what the report will show you.
More importantly, your criteria should focus on recent and relevant history rather than ancient records. A credit delinquency from six years ago tells you very little about how someone manages their finances today. A pattern of late payments over the last twelve months tells you a lot. Weight recent history more heavily than old data in your evaluation.
Write your screening criteria with specific lookback periods built in. For example: "Criminal convictions within the past five years will be evaluated on a case-by-case basis considering the nature of the offense and its relevance to the tenancy." This approach is legally defensible, practically useful, and consistent with Fair Housing requirements.
Lookback periods are just one part of the picture. For a complete understanding of what goes into a tenant background check, read our full background check guide. And to make sure you're applying your criteria consistently, review our tenant screening checklist.