An old arrest or court entry can appear in a background check used for housing or work. Federal law puts time limits on some information in consumer reports, and gives you a way to dispute information you believe is inaccurate. The details depend on the kind of record and the purpose of the report. This guide explains the general federal rules as of December 1, 2025.
Act I: How long old records can appear
The Fair Credit Reporting Act, or FCRA, sets limits on information that a consumer reporting agency may include in many reports. A consumer reporting agency is a company that collects information and prepares reports about people, including some companies that provide tenant or employment screening.
In general, reports may not include an arrest record, civil suit, or judgment after seven years from the date it was entered, or after the governing statute of limitations expires, whichever period is longer. A statute of limitations is a law setting a deadline for bringing a particular legal claim. The details and exceptions are in 15 U.S.C. § 1681c. This is a limit on what may appear in a report. It does not erase a case from court records.
Act II: What to do with a report
Convictions and other records have different rules
The seven-year limit for arrests, civil suits, and judgments does not apply to conviction records in the same way. That does not mean every old conviction will appear in every report. The FCRA has exceptions and rules that depend on the report and its use, so the statute itself is the better source for a particular question.
Other entries have their own general time limits. Bankruptcy cases generally may be reported for up to ten years. Paid tax liens and collection accounts generally have seven-year limits. The start date for a period can depend on the type of record, and the law includes qualifications. Treat these periods as a reason to check an entry closely, not as proof that a report is wrong.
For an older item, note what kind of record it is, the date shown, and whether the report gives a final status. An arrest is not a conviction, and a court filing is not the same as a final judgment. If the entry looks too old or describes the outcome incorrectly, you can ask the reporting company to investigate it.
Rental reports: check the notice and the entries
If a landlord denies your rental application, or charges a higher deposit or fee because of information in a report, the landlord generally must give you an adverse action notice. The notice should identify the company that prepared the report, including its name, address, and phone number. The Consumer Financial Protection Bureau explains these rights in its guide to reviewing a rental background check.
You can request a free copy of the report from the screening company if you do so within 60 days of the landlord’s adverse decision. You can also ask the landlord for the report it relied on. That can help you focus on the information that affected the decision. Keep the notice and any report you receive.
Read each court entry for its outcome. The CFPB says an eviction entry should show the final disposition, meaning how the case ended. If a case was dismissed, the report should say it was dismissed. A filing with no final outcome listed may need correction. Also check for the same eviction appearing more than once. Duplicate entries can make one case look like several separate events.
How a dispute works
If you dispute the accuracy or completeness of an item in your file, the reporting company generally must conduct a reinvestigation without charging you. Under 15 U.S.C. § 1681i, the usual deadline is 30 days after the company receives your dispute. In some cases, the period may be extended by up to 15 more days.
The company must notify the person or business that supplied the disputed information within five business days after receiving your dispute. The reinvestigation gives the company and the information provider a chance to check the entry. Make the issue clear: identify the record and explain what appears inaccurate, such as a wrong identity, an incorrect date, a duplicate, or a missing dismissal. The law sets the process and deadlines, but does not prescribe one universal dispute form for every company.
Keep copies of what you send and receive. Write down when you submitted the dispute, which entry you identified, and when you received a response. If you are disputing a rental report, keep the landlord’s notice and the report, too. These records can make it easier to follow up if the result does not address the specific problem you raised.
Employment and local rules are a separate layer
Federal reporting rules are not the only rules that may matter when an employer considers criminal history. Title VII of the Civil Rights Act and state or local fair chance laws can affect how criminal records are considered in hiring. Fair chance and “ban-the-box” laws, which may limit when an employer can ask about criminal history, vary by location. They are separate from the FCRA’s rules about what a reporting company may include.
The rules for housing can also vary by state and locality. The federal rights described here do not answer every question about a particular screening decision, and a report that appears accurate can still raise a separate question about how it was used. Check current official guidance for your state or locality. If a report is affecting an important housing or employment decision, a consumer protection agency or qualified attorney can explain how the rules apply to your circumstances. This article is general education, not legal advice.
Please seek a professional. This article is general information, not financial, tax or insurance advice. Please seek a licensed financial, tax or insurance professional about your own situation.
