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Background Check Adverse Action Notice

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.
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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