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Background Check Adverse Action Notice

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Updated September 10, 2025

A background check adverse action notice is sent to an applicant if they were rejected due, in part, to information mentioned in a criminal history report. This is common for employment but can be used for housing (landlords), credit, and insurance purposes.

Arrest Records

The FCRA prohibits consumer reports to include arrest records beyond a 7-year period.[1]

The 7-year period begins on the date the person was charged, not the date of dismissal.[2]

Convictions

The FCRA allows consumer reports to include convictions within the individual’s lifetime.[3]

Although, the following 9 States have reduced this to 7 years:

  • California[4]
  • Kansas
  • Maryland
  • Massachusetts
  • Montana
  • New Hampshire
  • New Mexico
  • New York
  • Washington

Non-Convictions

Under FCRA, a non-conviction may appear in a consumer report but is limited to 7 years.

Although, the following 4 States have prohibited non-convictions:

  • California[5]
  • Kentucky
  • New Mexico
  • New York