In Wisconsin, the permissible lookback period for a criminal background check largely depends on the purpose of the check and who conducts it, particularly in the context of employment.
Wisconsin State Law vs. Federal Regulations
While there are generally no specific Wisconsin state laws that limit how far back a pre-employment background check can go, federal regulations, primarily the Fair Credit Reporting Act (FCRA), often dictate the practical limits, especially when employers use third-party Consumer Reporting Agencies (CRAs) to conduct these checks.
This means that:
- Wisconsin State Law: From a state-level perspective, criminal records can potentially be reported indefinitely, as there isn't a state-mandated time limit for general background checks.
- Federal FCRA: When an employer uses a CRA (like Checkr or HireRight) to perform a background check for employment purposes, they must adhere to the FCRA's guidelines, which do impose limitations on reporting certain types of information.
FCRA Lookback Periods for Employment Background Checks
The FCRA's limitations are designed to balance an employer's need for information with an applicant's right to privacy and a fair chance at employment. Here's a breakdown of how it typically applies to criminal records:
- Criminal Convictions: The FCRA generally does not impose a time limit on the reporting of criminal convictions. This means that if an individual was convicted of a crime, that conviction can typically be reported regardless of how old it is.
- Non-Conviction Information (7-Year Rule): For certain types of adverse information that do not result in a conviction, the FCRA generally restricts reporting beyond a 7-year lookback period. This includes:
- Arrests that did not lead to a conviction.
- Dismissed charges.
- Information related to charges where prosecution was deferred or not pursued.
- Paid tax liens.
- Civil judgments.
- Higher-Paying Positions Exemption: The 7-year reporting limitation for non-conviction information typically does not apply if the position's anticipated annual salary is $75,000 or more. For these higher-paying roles, CRAs may report non-conviction information older than seven years.
Summary of FCRA Lookback Periods for Criminal Information in Employment Background Checks:
| Type of Criminal Information | FCRA Lookback Period (for jobs with anticipated annual salary under $75,000) | FCRA Lookback Period (for jobs with anticipated annual salary of $75,000 or more) |
|---|---|---|
| Criminal Convictions | No limit (can be reported indefinitely) | No limit (can be reported indefinitely) |
| Arrests (not leading to conviction) | 7 years from the date of disposition, release, or filing | No limit (can be reported indefinitely) |
| Dismissed Charges / Nolle Prosequi | 7 years from the date of disposition | No limit (can be reported indefinitely) |
It's important to note that these are federal guidelines for CRAs providing employment background checks.
Other Considerations
- Specific Industries: Certain industries in Wisconsin, such as healthcare, childcare, elder care, or positions involving vulnerable populations, often have stricter state and federal regulations that may require more comprehensive and extended background checks, sometimes going back indefinitely, regardless of FCRA lookback periods for other types of employment. These checks are typically mandated by specific licensing or regulatory bodies.
- Professional Licensing: Background checks for professional licenses (e.g., medical, legal, teaching) may also delve further into an applicant's criminal history without time limitations, as these checks serve a public safety purpose beyond standard employment.
- Local Ordinances: While less common for lookback periods, some local "Ban the Box" ordinances may affect when criminal history information can be inquired about during the hiring process, but they generally don't restrict how far back the check can go once permissible.
In essence, while Wisconsin law itself does not set strict lookback limits, the federal FCRA significantly influences how far back criminal background checks can go when conducted by a third-party agency for employment purposes, particularly regarding non-conviction information.
