Enacted prior to 1996

Applies only to credit reports

1785.20.5. – Disclosure – Copy of Report
Prior to requesting a consumer credit report for employment purposes, the user of the report shall provide written notice to the person involved. The notice shall inform the person that a report will be used and the source of the report, and shall contain a box that the person may check off to receive a copy of the credit report. If the consumer indicates that he or she wishes to receive a copy of the report, the user shall request that a copy be provided to the person when the user requests its copy from the credit reporting agency. The report to the user and to the subject person shall be provided contemporaneously and at no charge to the subject person.

CA Civil Code (Investigative Consumer Reporting Agencies Act) – 1786 et seq.
Under the federal Fair Credit Reporting Act (FCRA), most of the background screening reports we provide are considered "consumer" reports, while under the California Investigative Consumer Reporting Agencies Act (ICRA), Cal. Civil Code §1786 et seq., they are classified as investigative consumer reports. It should be noted these requirements are placed only on California employers who hire California residents to work in the state of California.

1786.16(2) - Disclosure
Within three days of ordering an investigative consumer report, the employer must notify the subject of the report that an investigative consumer report has been ordered. The notice should be provided to both applicants and current employees; however, the employer is exempted from notifying current employees when they are suspected of misconduct. The California notice is in addition to the disclosure requirements under the FCRA.

1786.16 (5) (b) – Employer Copy of Report
The employer must provide a copy to the subject of each report within seven days of receipt of the report or at the time of the meeting or interview with the employee or applicant, whichever is earlier.

1786.18.7 – Conviction Records
A consumer credit reporting agency shall not report records of arrest, indictment, information, misdemeanor complaint, or conviction of a crime that, from the date of disposition, release, or parole, antedates the report by seven years. These items of information shall no longer be reported if it is learned in the case of a conviction that a full pardon has been granted or in the case of an arrest, indictment, information, or misdemeanor complaint a conviction did not result.

1786.29 – Cover Sheet to Report
A cover sheet must be attached to each investigative consumer report provided to the employee. The document, which must be typed in 16 pt. font, provides additional disclosures to the subject of the report.

1786.53 – Reports Compiled by Employer
The same obligation for an employer to furnish a copy of the investigative consumer report exists even when you compile background information without using the services of an investigative consumer reporting agency.

Colorado

Enacted 1-1-96

Kansas

Enacted 1-1-74

Kentucky

Enacted 7-15-80

Maryland

Enacted 1976

Code of MD 14-1203
No CRA may report 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: If salary will be equal to $20,000 or more, the 7-year restriction does not apply.

Code MD 19-1907
Information contained in pre-employment background verifications for adult dependent care providers may not be used for any purpose other than that for which it was disseminated; or be redisseminated.

Massachusetts

Enacted 1971

MGL/93-52
No CRA may report 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: If salary will be equal to $20,000 or more, the 7-year restriction does not apply.

Minnesota

Enacted 1993

M.S. §13C.02
Employers must provide a check box on the FCRA disclosure that the applicant may return to the employer to receive a copy of the consumer report. The employer is responsible for notifying the consumer reporting agency of the consumer’s request and the report must be sent to the consumer by the CRA within 24 hours of providing it to the employer. The report must be accompanied by the statement of the consumer’s right to dispute and correct any errors.

Montana

Enacted 1975

MCA 31-3-112
No CRA may report records of arrest, indictment, or conviction of crime, which from date of disposition, release, or parole, antedate the report by more than seven years. No exception for employment purposes.

Nevada

Enacted 1993

NRS 598C.150
Reporting agencies are to purge from their files reports of criminal proceedings which precede the report by more than 7 years.
Note: Definition of "consumer report" is specific to credit reports although definition of "reporting agency" is not limited to credit.

New Hampshire

Enacted 8-29-71

HRS 359-B:5
No CRA may report 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: If salary will be equal to $20,000 or more, the 7-year restriction does not apply.

New Mexico

Enacted 1969

NM Statute 56-3-6
"Credit bureaus" cannot report arrests and indictments pending trial, or convictions of crimes, after seven years from date of release or parole. Such items cannot 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.
Note: "Credit bureau" is defined as "Any business engaged in furnishing credit information about consumers".

NM Statute 56-3-6
"Credit bureaus" cannot report arrests and indictments pending trial, or convictions of crimes, after seven years from date of release or parole. Such items cannot 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.
Note: "Credit bureau" is defined as "Any business engaged in furnishing credit information about consumers".

New York

Enacted 1977

FCRA, Article 25 Section 380-j
Prohibited Information. (a) No consumer reporting agency shall report or maintain in the file on a consumer, information relative to an arrest or a criminal charge unless there has been a criminal conviction for such offense, or unless such charges are still pending.
(b) A CRA can report information about a detention of an individual by a retail establishment if the individual has admitted wrongdoing, has received notice that the information will be reported to a CRA and may be further reported to a retail establishment for employment purposes.
(f) No CRA may make any consumer report containing records of convictions which, from date of disposition, release, or parole, antedate the report by more than seven years. Exception: If salary is reasonably expected to be $25K or more, the 7-year restriction does not apply.

Oklahoma

Enacted 11-1-00

Applies only to credit reports
24 O.S. § 147
Prior to requesting a consumer report for employment purposes, the requestor or user of the consumer report shall provide written notice to the person who is the subject of the consumer report. The notice shall inform the consumer that a consumer report will be used and the notice shall contain a box that the consumer may check to receive a copy of the consumer report. If the consumer requests a copy of the report, the user of the consumer report shall request that a copy be provided to the consumer when the user of the consumer report requests its copy from the credit reporting agency. The report sent to the consumer shall be provided at no charge to the consumer.

Texas

Enacted 10-1-97

Not applicable
Business & Commerce Code, Chapter 20, §20.05
No CRA may report "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: If salary will be equal to $75,000 or more, the 7-year restriction does not apply.

Washington

Enacted 1993