How Far Back Do Apartments Check Criminal History?

Learn how far back apartments check criminal history, what landlords review, and the factors that can affect your rental application and approval chances.

Landlords in the U.S. commonly conduct background checks when finalizing tenants for their rental spaces. This is an essential step in the process that guarantees the safety of the property and other residents.

A standard background check can include a review of your criminal history, credit report, eviction records, employment verification, and rental history. Going through all this data gives employers a better idea of whether you’ll be responsible with their property, pay your rent on time, and comply with the terms of the lease.

So, how far back do apartments check criminal history? There is no universal rule that limits how far back this background check can go. Let’s look at the details of how apartments handle this process.

How Far Back Do Apartments Check Criminal Records?

Apartment complexes can check criminal records going back several years, but the lookback period must comply with the Fair Credit Reporting Act (FCRA). Depending on your area’s legislation, in addition to the FCRA, the landlords might be able to see convictions from the past seven years or even convictions older than ten years.

Many people believe that the background check is limited specifically to seven years, but that is a common misconception. While some states can restrict the reporting of certain criminal information after seven years, convictions can be reported indefinitely in many jurisdictions.

What Criminal Records Do Apartments Usually Look At?

Landlords may place significantly different weight on different types of criminal records, depending on their primary concerns. The most common records that they consider are:

• Property crimes like theft, arson, or vandalism.

• Convictions involving violent crimes, such as assault, robbery, homicide, and sex offenses.

• Drug-related convictions, such as drug possession and trafficking.

• Financial crimes, including fraud, identity theft, forgery, and embezzlement.

Some landlords might be very particular about distinguishing between drug possession and trafficking. Others might not be as concerned with drugs, but might pay more attention to financial history if they’re focused on the reliability of rent payment.

How Far Back Do Apartments Check Criminal History? What Does the Fair Housing Act Say?

The Fair Housing Act (FHA) does not prohibit landlords from conducting background checks. However, landlords must get written consent authorizing the background check from applicants. Because of this requirement, in line with the federal law, landlords cannot use online background check services to screen tenants.

This is why landlords should consider the nature and severity of the offense, along with how much time has passed since the possible conviction and completion of the sentence. If there’s any evidence of rehabilitation or good rental history, that’s an automatic plus point.

Can You View Your Own Criminal Record?

Yes, you can look up your own criminal record before submitting any rental applications. Doing so can help you verify the accuracy of the data and identify any outdated information that is documented.

You can simply search your name in your browser along with different keywords, such as “arrest+record” or “criminal+record.” However, this method will likely bring up many other people who share your name.

That’s why it’s more beneficial to use a search tool that narrows the results down. These tools let you enter further identifying information about the person you’re looking up, so that the final results are more accurate. You’ll get a comprehensive report with details pulled from publicly available databases, which can include criminal records.

Tips for Renting With a Criminal Record

Many rental applicants successfully secure housing every year despite their past criminal records. The best strategy is to be honest if you’re asked about your criminal history. Instead of covering up the past, explain the circumstances and emphasize the positive changes you’ve made since then.

Having proof of rehabilitation is essential at this stage. Gather letters of recommendation from employers or previous landlords and offer additional references. You can also share any evidence of stable employment and income to further your case as well.

Another key point is to look for landlords who evaluate applications individually instead of relying on automated screening. Automatic systems can often screen you out based on preset criteria without considering your full circumstances.

Be Transparent With Your Landlord

Background checks can vary significantly depending on your state law and the landlord’s preferences. Some apartments might consider the context of a few years, while others might draw the line at any sort of conviction at all.

highly recommend being transparent and communicating openly throughout the application process to improve your chances of securing the apartment.

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