States with FCRA Criminal Reporting Provisions That Limit Use Of Arrest Records More Than Seven Years Old

It should also be noted that a number of these state and many others have now adopted legislation that “Bans The Box”.

 

For more information on these “Ban The Box” States: Click Here

California

Besides the laws cited below, some California Cities such as San Francisco have even more stringent requirements limiting the use of criminal records information for employment screening.

Other cities in other states have adopted their own laws regarding the use of consumer reports.
CA Civil Code (Consumer Credit Reporting Agencies Act) 1785.13.6 – Conviction

Records –

 

A consumer credit reporting agency shall not report records of arrest, indictment, information, misdemeanor complaint, or conviction of a crime that, from the date of disposition, release, or parole, antedate the report by seven years.

These items of information shall no longer be reported if it is learned in the case of a conviction that a full pardon has been granted or in the case of an arrest, indictment, information, or misdemeanor complaint a conviction did not result.

Colorado
CRS 12-14.3-105.3

No consumer credit reporting agency may report records of arrest, indictment, or conviction of crime, which from date of disposition, release, or parole, antedate the report by more than seven years.

Kansas
KS 50-704

No consumer credit reporting agency may report records of arrest, indictment, or conviction of crime, which from date of disposition, release, or parole, antedate the report by more than seven years.

Kentucky
KRS 367.310

No consumer reporting agency shall maintain any information in its files relating to any charge in a criminal case, in any court of this Commonwealth, unless the charge has resulted in a conviction.

Maryland
MD 14-1203

No consumer credit reporting agency may report records of arrest, indictment, or conviction of crime, which from date of disposition, release, or parole, antedate the report by more than seven years.

Massachusetts
93-52

No consumer credit reporting agency may report records of arrest, indictment, or conviction of crime, which from date of disposition, release, or parole, antedate the report by more than seven years.

Montana
31-3-112

No consumer credit reporting agency may report records of arrest, indictment, or conviction of crime, which from date of disposition, release, or parole, antedate the report by more than seven years.

Nevada
598C.150-2

Except as otherwise provided by a specific statute, any other civil judgment, a report of criminal convictions, pending cases, or other adverse information is limited to a 7 year search.

New Hampshire HRS 359-B:5
No consumer credit reporting agency may report records of arrest, indictment, or conviction of crime, which from date of disposition, release, or parole, antedate the report by more than seven years.

New Mexico
56-3-6

“Credit bureaus” cannot report arrests and indictments pending trial, or convictions of crimes, after seven years from date of release or parole. Such items cannot be reported if at any time it is learned that after a conviction a full pardon has been granted, or after an arrest or indictment a conviction did not result.

Note: “Credit bureau” is defined as “Any business engaged in furnishing credit information about consumers”.

New York
380-j

In addition to “Ban The Box” legislation, other prohibited information.  (a) No consumer reporting agency shall report or maintain in the file on a consumer, information relative to an arrest or a criminal charge unless there has been a criminal conviction for such offense, or unless such charges are still pending.

(b) A consumer credit reporting agency can report information about a detention of an individual by a retail establishment if the individual has admitted wrongdoing, has received notice that the information will be reported to a consumer credit reporting agency and may be further reported to a retail establishment for employment purposes.

(f) No consumer credit reporting agency may make any consumer report containing records of convictions which, from date of disposition, release, or parole, antedate the report by more than seven years.

Texas
§20.05

No consumer credit reporting agency may report “records of arrest, indictment, or conviction of crime, which from date of disposition, release, or parole, antedate the report by more than seven years.

Washington
19.182.040

No consumer credit reporting agency may report “records of arrest, indictment, or conviction of crime, which from date of disposition, release, or parole, antedate the report by more than seven years.

 

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Disclaimer
None of the information contained in this web site should be construed as legal advice.
All forms, policies, information and procedures should be reviewed by your legal counsel before being used in any way.

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