State Background Checks: The Complete Guide

Background checks have become an indispensable part of recruitment, so much so that not doing one would seem foolish at best and inane at worst. They can help employers make smarter, safer decisions, but not all checks are created equal. State screenings offer a unique perspective. They’re fast, localized, and often cost-effective, but also have limitations.

What Is a State Background Check?

State background checks pull all public records from within a single state’s jurisdiction: criminal convictions, court filings, incarceration records, and sometimes sex offender registries. These checks are often used when hiring someone to work in a specific location, particularly if they’ve lived in the same state for a while.

So why would an employer choose to run a background check? A few reasons:

• They’re typically faster than nationwide searches.
• They can be less expensive.
• And might satisfy basic requirements, particularly if the position doesn’t require federal-level screening.

However, there are limitations:

• They will only pick up information from within the state.
• And because of this, they will always come with a degree of risk.

What’s Included in a State Background Check?

Most states have their own version of a state background check, but they are usually variations that include the following:

• State Criminal Records – Convictions, pending charges, and sometimes arrest records from county-level courts.
• State Police Records – Centralized data compiled from law enforcement agencies.
• Sex Offender Registries – State-maintained databases with tiered classifications.
• Corrections Data – Information from state prisons or parole boards.
• State-Specific Court Databases – Depending on the court system, you may also see civil cases and small claims filings.

When it comes to scope and quality, it’s certainly a mixed bag. Some states offer excellent, up-to-date records that are easy to access, while others are not quite as up to standard. 

How Do They Differ From Typical Background Checks?

Reputable background screening services offer checks that pull data from a range of sources: national criminal databases, employment and education records, driving histories, and even international watchlists in some cases. This is considered the most comprehensive form of background check. 

State checks, on the other hand, are the lighter version. They offer localized information, but are severely limited as soon as you step over a state boundary. For focused hiring, and when you are certain a candidate has only resided in a single state, they do the job, but there’s undoubtedly an element of risk.

State vs. Federal Background Checks: What’s the Difference?

It’s easy to confuse state and federal checks—they sound similar. But the differences matter.

State background checks pull data from local police, state courts, and corrections departments. These are things like theft, assault, or drug-related charges filed within the state.

On the other hand, federal background checks pull from the U.S. government’s court system. These include crimes like fraud, embezzlement, cybercrimes, and offences that crossed state lines. Federal background checks rely on PACER (Public Access to Court Electronic Records), which tracks filings across federal jurisdictions.

So, do you need to choose one or the other? Absolutely not. Most employers benefit from running both state checks for local detail and federal checks for broader coverage. 

How Far Back Do State Background Checks Go?

A question with 50 possible answers. Each state has its own background check rules that depend on the laws of that specific state, the type of job, and whether or not you’re using a consumer reporting agency. Some states set strict limits regarding what you can look for and how far back, while others have hardly any restrictions. 

Let’s take a look at some of the state rules that apply. 

7-Year Background Check States

In most states, the general rule, per the Fair Credit Reporting Act (FCRA), is seven years. That means non-convictions (like arrests without charges) or civil judgments usually can’t be reported after that time. Some of the most notable 7-year states include:

• California
• Texas
• New York
• Massachusetts

But there’s a catch, or possibly several. Convictions sometimes fall outside of that rule. For example, salary thresholds can override the default limits. If a person was convicted of a felony, that information might still be reported after seven years, especially if the role pays over $75,000 a year. 

Positions involving federal employment, security clearances, banking, insurance, or roles regulated by specific laws (like the FDIC or FINRA) may permit or require access to older records, regardless of state law. States may also interpret the rules differently. For example, some states start the seven-year clock from the disposition date, others from the release from custody.

10-Year Background Check States

Some states allow lookbacks of ten years or more, particularly when you’re not bound by FCRA restrictions (e.g., when conducting in-house investigations or using state-run databases).

For roles in finance, education, law enforcement, or childcare, it may be permitted—and in many cases even required—to access a full decade’s worth of data. But as always, there are complications and state differences. Some states differentiate based on the type of conviction, such as violent crimes versus non-violent offences. This means a series of speeding tickets 8 years ago might not appear, but an assault conviction almost certainly will. 

Then we come to the intricate and often perplexing world of sealed or expunged records, where some records can be hidden by the courts or removed entirely. If this is the case, the chances of seeing these records are practically zero unless you’re hiring for a high-level federal job.

Frequently Asked Questions

How Long Do State Background Checks Take?

State background checks typically take 1 to 5 business days, but timelines vary. Some states are fast and digital, while others require manual searches. County-level checks, search complexity, or third-party verifications can add delays. Employers should plan ahead and allow extra time, especially when accuracy, compliance, and thoroughness are critical to the hiring process.

Final Thoughts

Background checks shouldn’t be considered legal tick boxes; they’re about protecting your people, brand, and bottom line. A bad hire can cost a company a fortune and cause irreversible damage to a working environment that was working optimally before.

Your best bet is to partner with a background screening service that understands all the federal, state, and local layers. ScoutLogic has been in the game for a long time and knows how the system works. We don’t just pull data, we make sense of it. We analyze. We interpret. We ensure that our customers have chosen the best possible candidate. Whether you’re hiring one person or building a nationwide team, we’ve got the process, the precision, and the people to back you up.

David Garcia

David Garcia, co-founder and CEO of Scout Logic, is an industry leader in the bulk background check world. With his strategic acumen and expertise in the HR sphere, specifically in hiring, recruiting, legal compliance, background checks, and resume screening, he’s an invaluable asset and consultant.

David's counsel extends across the boards of ScoutLogic, YipitData, and Supplier.io, drawing from his impactful stints on the boards of Infutor and Avetta. With an extensive 25-year journey, he champions unparalleled B2B commercial leadership within data & analytics, significantly shaping the HR landscape.