Updated July 05, 2023
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.
Laws – Fair Credit Reporting Act (FCRA)[1]
Arrest Records
The FCRA prohibits consumer reports to include arrest records beyond a 7-year period.[2]
The 7-year period begins on the date the person was charged, not the date of dismissal.[3]
Convictions
The FCRA allows consumer reports to include convictions within the individual’s lifetime.[4]
Although, the following 9 States have reduced this to 7 years:
- California[5]
- 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[6]
- Kentucky
- New Mexico
- New York