How far back does a background check go in New Jersey and Maryland?

The federal baseline: 7 years (usually)

The Fair Credit Reporting Act, at 15 U.S.C. § 1681c, prohibits consumer reporting agencies from including most negative information older than 7 years on a background report. That covers:

• Arrests that didn't result in conviction (after 7 years).
• Paid tax liens.
• Civil suits and judgments.
• Accounts placed for collection.
• Other adverse items older than 7 years.

Convictions are not limited by the federal 7-year cap. They can be reported indefinitely — unless a state law says otherwise.

The $75,000 exception

The federal 7-year cap goes away when the job is expected to pay $75,000 or more per year. At that salary threshold, the CRA can reach back further on most categories. But state law often closes that gap, especially in NJ and MD.

New Jersey

• Opportunity to Compete Act ("ban the box"): Most NJ employers with 15+ employees can't ask about criminal history on the initial application or during the first interview.
• Expunged records: Cannot be considered in a hiring decision. A CRA reporting an expunged case can be sued.
• Salary-based caps: NJ courts often look skeptically at convictions reported well outside the 7-year window for ordinary jobs.
• NJ Consumer Fraud Act can stack on top of the FCRA in certain misuse cases.

Maryland

• Maryland Fair Chance in Hiring Act: Employers with 15+ employees can't ask about criminal history before the first in-person interview.
• Maryland Second Chance Act: Certain non-violent misdemeanor convictions can be "shielded" from public records; reporting shielded records is unlawful.
• Commercial Law § 14-1203: Maryland's state FCRA analog limits how far back CRAs can report convictions and arrests for most jobs.
• Expunged records cannot be reported or considered.

If you are working in Maryland and a background-check error knocked you out of a role, see our Maryland FCRA attorney page.

What about other categories?

• Bankruptcy: 10 years federal (§ 1681c(a)(1)).
• Credit accounts (delinquency): 7 years from first delinquency.
• Civil judgments: 7 years.
• Tax liens (paid): 7 years from payment.
• Driving records: Vary by state DMV rules; SambaSafety and similar CRAs must still report accurately — see SambaSafety errors.

What to do if a report went too far back

• Get the report. Request a copy from the employer and the CRA.
• Identify the over-aged items. Note each one and why it should have aged off.
• Dispute in writing citing § 1681c by section.
• Save your harm. Adverse-action letter, rescinded offer, lost wages.
• Talk to a lawyer — FCRA cases are fee-shifting, so the CRA pays your attorney if you win.

Damages

You can recover actual damages (lost income, distress), statutory damages of $100–$1,000 per willful violation, punitive damages, and attorney's fees under 15 U.S.C. §§ 1681n and 1681o. State-law claims often add their own remedies.

Bottom line

The 7-year rule is real, the exceptions are narrower than employers think, and New Jersey and Maryland both add muscle on top. If something old surfaced on your background check and cost you a job, you may have more than one law on your side. Start with our FCRA attorney page or the full CRA directory.