How long do we have to keep records of background checks?

There is no specific time limit given in laws regarding background checks. However, various civil rights laws list document retention periods for information using in a hiring or employment decision. Therefore, the safest course of action is to choose the civil rights law with the longest retention period. Section 1981 of the Civil Rights Act of 1866 has a four year statute of limitations for claims of race discrimination, so the safest course of action is to keep background check records for four years.

If you use a third party provider to conduct your background checks, remember that you fall under the Fair Credit Reporting Act (FCRA). The FCRA doesn’t state a time frame for document retention, so employers should use the standard described above.