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Laws & Regulations - Federal
Fair
Credit Reporting Act
The following sections of the FCRA are of direct consequence to users who
obtain reports on consumers. NDI strongly recommends that our clients and their
employees familiarize themselves with these sections to ensure compliance.
604 Permissible Purposes of Reports
607 Compliance Procedures
615 Requirement on Users of Consumer Reports
616 Civil Liability for Willful Compliance
617 Civil Liability for Negligent Noncompliance
619 Obtaining Information Under False Pretenses
621 Administrative Enforcement
623 Responsibilities of Furnishers of Information to CRAs
Driver's Privacy Protection Act
Worker's
Compensation
American's with Disability Act
As states may
develop specific laws & regulations regarding hiring and employment practices,
NDI encourages its clients to research relevant state labor-related laws to
ensure compliance. We have provided a list of helpful information and Website
links below, however, we stress that each client consult legal counsel regarding
state by state compliance.
California
Records of arrest, indictment, information, misdemeanor complaint, or
conviction of a crime that, from the date of disposition, release or parole,
shall not 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 on the particular subject
matter of such records. Adverse information that antedates the report by more
than seven years is not reportable. Open cases are reportable.
Reference: CA Code §1785.13 (6) and (7)
Enacted prior to 1996
California Investigative Consumer Reporting Agencies Act
Colorado
Records of arrest, indictment, or conviction of a crime that, from the date of
disposition, release, or parole, predated the report by more than seven years.
Suits and judgments that, from the date of entry, predate the report by more
than seven years or by more than the governing statute of limitations,
whichever is the longer period. Any other adverse item that predates the report
by more than seven years. The employment of an individual at an annual salary
that equals or is reasonably expected to equal seventy-five thousand dollars or
more.
Reference: CO Rev. Stat. §12-14.3-105.3 (e)
Enacted 1-1-1996
Colorado Consumer Credit Reporting Act
Kansas
Records of arrest, indictment, or conviction of a crime, which, from date of
disposition, release or parole, antedate the report by more than seven years.
Suits and judgments which, from date of entry, antedate the report by more than
seven years or until the governing statute of limitations has expired,
whichever is the longer period. Any other adverse item of information, which antedates
the report by more than seven years. 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.
Reference: KS Stat. §50-704
Enacted 1-1-1974
Look up Kansas Laws
Kentucky
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. Open warrants and open cases
are not reportable.
Reference: KY Rev. Stat. §367.310
Enacted 7-15-1980
Consumer Reporting Agency Records Restriction
Michigan
New
Hampshire
Maryland
Records of arrest, indictment, or conviction of a crime, which, from date of
disposition, release, or parole, antedate the report by more than seven years.
Suits and judgments which, from date of entry, antedate the report by more than
seven years or until the governing statute of limitations has expired,
whichever is the longer period. Any other adverse item of information, which
antedates the report by more than seven years. 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.
Reference: MD Code §14-1203 (5)
Enacted 1976
Miscellaneous Consumer Protection
Provisions; Reporting of Obsolete Information Prohibited
Massachusetts
Records of arrest, indictment, or conviction of a crime, which, from date of
disposition, release, or parole, antedate the report by more than seven years.
Misdemeanor records for five years. Suits and judgments which, from date of
entry, antedate the report by more than seven years or until the governing
statute of limitations has expired, whichever is the longer period. Any other
adverse item of information, which antedates the report by more than seven
years. 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.
Reference: MA Gen. Laws Ch 93 §52
Enacted 1971
Regulation of Trade and Certain Enterprises: Information Not to be Contained
in Report: Exceptions
No dismissed misdemeanors shall be reported.
Reference: MI Comp. Laws §37.2205a
Montana
Records of arrest, indictment, or conviction of a crime which, from date of
disposition, release, or parole, antedate the report by more than seven years.
Suits and judgments which, from date of entry, antedate the report by more than
7 years. Any other adverse item of information which antedates the report by
more than 7 years.
Reference: MT Code Ann. §31-3-112
Enacted 1975
Credit Transactions and Relationships Related Credit
Practices; Consumer Reporting Agencies; Obsolete Information
Nevada
A reporting agency shall not disclose a report of criminal proceedings, or
other adverse information, which precedes the report by more than seven years.
Reference: NV Rev. Stat. 598C.150
Enacted 1993
Purging of Information From Files of
Reporting Agency; Disclosure of Purged Information
Records of arrest, indictment, or conviction of a crime which, from the date of
disposition, release, or parole, antedate the report by more than seven years.
Suits and judgments which, from date of entry, antedate the report by more than
seven years or until the governing statute of limitations has expired,
whichever is the longer period. Any other adverse item of information, which
antedates the report by more than seven years. 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.
Reference: NH Rev. Code §359-B:5
Enacted 8-29-1971
Trade and Commerce; Consumer Credit
Reporting; Obsolete Information
New Mexico
Arrest and indictments pending trial, or conviction of crimes, for not longer
than seven years from date of release or parole. Such items shall no longer 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.
Open cases are reportable.
Reference: NM Stat. §36-3-6B Enacted 1969
Authority of the Attorney General
New York
Prohibits reporting information relative to an arrest or criminal charges
unless there has been a criminal conviction for such offenses, or unless such
charges are still pending. Records of conviction of a crime, which, from the
date of disposition, release, or parole, antedate the report by more than seven
years. Open cases are reportable. Information regarding drug or alcoholic
addiction where the last reported incident relating to such addiction antedates
the consumer report or investigative consumer report by more than seven years.
Any other adverse information which antedates the report by more than seven
years. The employment of any individual at an annual salary which equals, or which
may reasonably be expected to equal twenty-five thousand dollars.
Reference: NY CRA 25 §380-j
Enacted 1977
Fair Credit Reporting Act; Prohibited Information
Washington
Records of arrest, indictment, or conviction of a crime that, from the date of
disposition, release, or parole, antedate the report by more than seven years.
Suits and judgments which, from date of entry, antedate the report by more than
seven years or until the governing statute of limitations has expired,
whichever is the longer period. Any other adverse item of information, which
antedates the report by more than seven years. 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.
Reference: WA Rev. Code §19.182.040
Enacted 1993
Consumer Report; Prohibited information;
Exceptions
Government Websites
Federal Trade Commission
FirstGov:
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Using Consumer Reports: What Employers Need to Know
US Equal Employment
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Departments of Labor Sites by State
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