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  1. #1

    Default Better Understanding of "Seven Year Rule"

    My question involves labor and employment law for the state of: Any State with a "Seven Year Rule"

    What I think I understand is as follows...

    CA, WA, TX, NY, MD and "x" number of others have a, or some sort of, State law that makes it illegal to look beyond seven years at convictions. The convictions of misdemeanors is what concerns me.

    This only applies to "consumer credit reporting agency" pulling a ""consumer credit report". A question I have is do HireRight and ADP, two companies that provide employers the service, fall under consumer credit reporting agency?

    Would the BG check company only report on those convictions six years and 364 days from the current date? Or do they send everything and then the hiring company gauges the situation, weighs the pros and cons of hiring the individual and then decides to follow the law? I say this, knowing that an employer can find most any reason to hire, or not, a person.

    Bottom line...when and where can I feel relatively sure that my non expungeable misdemeanor is no longer a major hindrance. Just a minor one.

    Thank you.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,047

    Default Re: Better Understanding of "Seven Year Rule"

    You should keep it all in one thread. The federal FCRA covers a variety of background checks not just your credit history. You're wrong about seven years though. There's no limit to when a consumer reporting company can report CONVICTIONS. Seven years applies to arrests and civil actions.

    As for your job, if it is in DC or Virginia, there is no state limits. If it is in MD, then there is a state seven-year limit.

  3. #3
    Join Date
    Oct 2014
    Posts
    7,293

    Default Re: Better Understanding of "Seven Year Rule"

    Quote Quoting Photographer00
    View Post
    My question involves labor and employment law for the state of: Any State with a "Seven Year Rule"

    What I think I understand is as follows...

    CA, WA, TX, NY, MD and "x" number of others have a, or some sort of, State law that makes it illegal to look beyond seven years at convictions. The convictions of misdemeanors is what concerns me.

    This only applies to "consumer credit reporting agency" pulling a ""consumer credit report". A question I have is do HireRight and ADP, two companies that provide employers the service, fall under consumer credit reporting agency?
    The problem here is that you have over generalized things. As to state laws, they differ in the details. Some apply restrictions that go beyond just what a "consumer reporting agency" (to use the federal term) may contain. As the details are different in each state, there is no way to provide you a single answer to your query that would apply in all of them. You have to look at the particular rules for each state on what restrictions there are on how employers may ask for and use arrest and conviction information. The states are all over the map on that. (And yes, the pun was intended. )

  4. #4

    Default Re: Better Understanding of "Seven Year Rule"

    Thank you Taxing Matters for the reply.

    So can I say, that in CA, HireRight, ADP, or a company calling themselves a "consumer reporting agency" can not include convictions over seven years old. (Because I read the other post here as saying, no matter what State you in a "consumer reporting agency" will show the hiring company your convictions.

    But if the hiring company, the one that paid for background check, wants to inquire into my background, on their own outside of the "consumer reporting agency", they have every right to do so.

    Sorry to seem so dense. Figuring this out between various internet sites can make me crossed-eyed.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,047

    Default Re: Better Understanding of "Seven Year Rule"

    Yes, CA, WA, MT, NM, KS, NY, MD, MA, and NH are all states that have a 7 year limit on consumer reporting agencies reporting convictions.
    All the other states (and DC) have no law and follow the federal rule which says convictions can be reported forever.

    An aside on this, the FCRA as I said, bars arrests from being reported after 7 years. CA, NM, KY, and NY ban consumer reporting agencies from reporting arrests at all.

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