How Far Back Do Apartments Check Criminal History? Your Guide

Brandon Way - June 3, 2024

Apartment criminal history checks are often completed as part of the verification and approval process for new tenants. States do have differing rules and regulations about this process, and apartment criminal history checks may only be allowed to look back a certain number of years, so they may only find recent arrests or incidents tied to you. It’s important to be informed about what an apartment criminal history check might consist of and how far back it goes, as this lets you prepare when searching for a new place to live.

Our article gives you all the details you need to know about apartments and criminal background checks.

Can Finding Housing With a Criminal Record Be Difficult?

Finding housing with a criminal record can be difficult, as some landlords may use a criminal record to discriminate against individuals with records. While it is legal to deny housing in most areas when a potential tenant has items on their criminal record that may make them dangerous for other tenants, a landlord or housing provider must show evidence that their denial of housing is not based on discriminatory factors. Further details on this is outlined in the Fair Housing Act.

That being said, many states are implementing measures to ensure that housing is an equal opportunity and that landlords or housing providers are not simply denying any applicant with a criminal record.

The Basics of Apartment Criminal Background Checks

There are many factors that can influence an apartment’s criminal background checks and whether or not your application for an apartment may be denied. Below, you can review some of the things that are considered when a landlord reviews your criminal history as part of your housing application.

• Landlord policies – Every area of housing is different, and there may be differing policies between apartment complexes depending on property management companies and landlord preferences; these policies can influence which offenses on a criminal record may disqualify an application.
• State regulations – State laws and county laws vary regarding how far back a criminal record check can look and which records landlords can access as part of a housing application.
• Apartment location – Depending on an apartment’s location (such as in a high-crime area versus a low-crime area) and the type of complex (such as a luxury complex versus affordable housing), landlords may be more or less lenient with criminal record reviews.
• Tenant circumstances – Oftentimes, landlords will consider the circumstances of a potential tenant’s criminal record, taking into account factors such as the type of criminal offense, how long ago it occurred, and any evidence of rehabilitation.

All of these factors may influence an apartment’s criminal history check, and if you are confused about how your particular landlord or property management company may review your criminal history as part of an apartment application, ask to speak to them before the check is conducted to ensure you are informed about the parts of your criminal past that they might be concerned with.

Is It Legal for Landlords to View Background Reports?

It is legal for landlords to view background reports, though all states have regulations in place that require landlords or property management companies to obtain written consent before they are able to pull this record. If your landlord or property management company attempts to conduct a criminal history or background report check on you without your written consent, this is a violation of your rights.

Make sure you check with your state’s specific laws to understand what can be disclosed on a criminal history and background check report when it comes to applying for apartments.

How Far Back Does an Apartment Criminal History Check Go?

Your apartment criminal history check will typically go back as far as allowable in your state; every state has different disclosure rules, but you can expect your apartment criminal history check to look at between five and 10 years of your criminal history.

Juvenile records may or may not be shown on this kind of check depending on your age and the conviction, and expunged or sealed records will not be visible to landlords during an apartment criminal history check.

Can I Be Denied Housing for Having a Criminal Record?

It is possible to be legally denied housing if you have a criminal record, though the only times that a landlord or property management company can legally deny someone is if their criminal record presents a danger to the housing unit or other tenants. This means that crimes such as drug convictions for distribution and manufacturing or being present on a sex offender list are likely to get a person turned down by an apartment, while misdemeanors or crimes related to traffic offenses are more likely to be overlooked.

However, what each landlord or property management company regards as a disqualifying item can change. If you believe that your landlord is disqualifying your housing application due to discrimination, you may need to consult legal guidance.

How Do I Find Suitable Housing With a Criminal Record?

The process of navigating housing applications with a criminal record can be stressful, especially when you aren’t sure which landlords or property management companies are willing to overlook items on your criminal history.

In general, it can be more helpful to find private landlords or housing units dedicated to equal-opportunity housing if you have a criminal record. Private landlords typically have more room to review criminal history and consider certain factors, such as rehabilitation, and certain housing units in your area may be dedicated to helping those with criminal records find stable and secure housing.

How Long Does an Apartment Background Check Take?

The turnaround time for an apartment background check can take several days up to a week or two, depending on who is conducting the background check and how in-depth the review needs to be. Occasionally, landlords and property management companies can become very backed up, and you may end up waiting several weeks after submitting an application and giving consent for a criminal history check before you hear a decision.

If you have concerns about how long your application and criminal history check is taking to be processed, contact the landlord or leasing office of the apartment you are interested in renting for more details.

Securing Housing No Matter Your History

Securing an apartment with a criminal history can be difficult, but it is not impossible. It’s important to understand what an apartment may be looking for when they request your criminal history. While landlords can legally deny applicants based on what they find in a criminal history report, they must provide evidence and proof that doing so is due to a legitimate concern for safety and not out of discrimination.

Take the time to learn more about your state’s regulations surrounding criminal history disclosure and fair housing rights to ensure you can secure stable housing no matter your history.