When the FCRA was originallly enacted in 1970, there was a restriction on reporting criminal records older than 7 years. In 1998 the FCRA was amended, lifting any such restriction. However, some states enacted FCRA type laws limiting reporting of criminal records to 7 years (some with salary exceptions). When the FCRA was amended, it did NOT pre-empt state laws already enacted, thus the laws remain in-force today.
Note: States enacting laws restricting the reporting of criminal records that passed after 1998 are pre-empted by the FCRA.
Below is a list of states that have restrictions on the reporting of criminal record information in background reports older than 7 years.
Law:
1786.18 of the CA Civil Code restricts reporting of 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 more than seven years. These items of information shall no longer be reported if at any time it is learned that, in the case of a conviction, a full pardon has been granted or, in the case of an arrest, indictment, information, or misdemeanor complaint, a conviction did not result; except that records of arrest, indictment, information, or misdemeanor complaints may be reported pending pronouncement of judgment on the particular subject matter of those records.
Exception: If the investigative consumer report is to be used by an employer who is explicitly required by a governmental regulatory agency to check for records that are prohibited by subdivision (a) when the employer is reviewing a consumer’s qualification for employment.
Law:
CO Revised Statute 12-143-1053 prohibits reporting of records of arrest, indictment, or conviction of a crime that, from the date of disposition, release, or parole, predate the report by more than seven years.
Exception:
The employment of an individual at an annual salary that equals or is reasonably expected to equal seventy-five thousand dollars ($75K) or more.
Note: CO may be pre-empted by the FCRA.
Law:
Kansas Statute 50-704 Obsolete Information prohibits reporting ofrecords of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than seven (7) years.
Exception:
The employment of any individual at an annual salary which equals, or which may reasonably be expected to equal twenty thousand dollars ($20,000), or more.
Law: General Law Section 52 prohibits reporting records of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than seven years.
Exception: NONE
Law:
Maryland Commercial Code Section 14-1203 prohibits the reporting of records of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than seven years.
Exception:
The employment of any individual at an annual salary which equals, or which may reasonably be expected to equal, $20,000 or more.
Law: Montana Code 31-3-112 Obsolete Information prohibits the reporting of records of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than 7 years
Exception: NONE
Law: NH Trade and Commere Code 359-B prohibits the reporting of records of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than 7 years
Exception:
The employment of any individual at an annual salary which equals, or which may reasonably be expected to equal, $20,000 or more
Law: NY General Business 380-j prohibits the reporting of records of conviction of crime which, from date of disposition, release, or parole, antedate the report by more than seven years.
Exception:
The employment of any individual at an annual salary which equals, or which may reasonably be expected to equal twenty-five thousand dollars ($25K), or more.
Law: NM Statute Chapter 56 prohibits the reportingarrests and indictments pending trial, or convictions of crimes, for not longer than seven years from date of release or parole.
Exception: NONE
Law: RCW 19.182.040 prohibits the reporting of records of arrest, indictment, or conviction of an adult for a crime that, from date of disposition, release, or parole, antedate the report by more than seven years;
Exception:
The employment of an individual at an annual salary that equals, or that may reasonably be expected to equal, twenty thousand ($20K) dollars or more.