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  1. #1
    Join Date
    Jul 2008

    Default Research Regarding Criminal Records

    This is a little bit of information needed to help you in your research.

    The "Consumer Reporting Clarification Act of 1998" (Senate Bill 2561, Pub. L. No. 105-347) ("CRCA"), which was signed into law by President Clinton on November 2, 1998, amended the FCRA by, inter alia, removing all restrictions in Section 605(a) on the reporting of criminal convictions by CRAs. Prior to the CRCA, convictions could in most cases be reported only for seven years (the general reporting period in Section 605(a) for non-bankruptcy items of adverse information); as a result of the CRCA, criminal convictions may now be reported regardless of the length of time that the conviction antedates the report.

    Section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a))
    is amended--
    (1) in paragraph (2), by striking ``Suits and Judgments
    which'' and inserting ``Civil suits, civil judgments, and
    records of arrest that'';
    (2) by striking paragraph (5);
    (3) in paragraph (6), by inserting ``, other than records of
    convictions of crimes'' after ``of information''; and
    (4) by redesignating paragraph (6) as paragraph (5).

    10/6/1998 Introduced in Senate
    10/6/1998 Passed/agreed to in Senate: Introduced in the Senate, considered, read the third time, and passed without amendment by Unanimous Consent.
    10/9/1998 Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.
    10/9/1998 Cleared for White House.
    10/21/1998 Presented to President.
    11/2/1998 Signed by President.
    11/2/1998 Became Public Law No: 105-347

    A bill (S. 2561) to amend the Fair Credit Reporting Act with respect to furnishing and using consumer reports for employment purposes.

    There being no objection, the Senate proceeded to consider the bill.

    Mr. NICKLES. Mr. President, Senator Bryan and I have been working for nearly a year to address concerns within the motor carrier industry with respect to the Fair Credit Reporting Act. I would like to thank Senator Byran for his leadership on this important legislation. We have been working to ensure all involved parties are in agreement with the changes to the Fair Credit Reporting Act in this bill.


    Only CA, CO, IL, KS, MA, MT, NV, NH, NM, NY, TX, WA have the 7 year rule, thats amazing the states with the most felons. What a worthless dumb law I think.

    I lived in CA and NM, moved to MO and now I'm screwed.

  2. #2
    Join Date
    Jul 2008

    Default Re: Research Regarding Criminal Records

    According to the FTC, this is what the law says:

    605. Requirements relating to information contained in consumer reports [15 U.S.C. 1681c]
    (a) Information excluded from consumer reports. Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information:

    (1) Cases under title 11 [United States Code] or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years.
    (2) Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.
    (3) Paid tax liens which, from date of payment, antedate the report by more than seven years.
    (4) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.
    (5) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.
    (6) The name, address, and telephone number of any medical information furnisher that has notified the agency of its status, unless--
    (A) such name, address, and telephone number are restricted or reported using codes that do not identify, or provide information sufficient to infer, the
    specific provider or the nature of such services, products, or devices to a
    person other than the consumer; or
    (B) the report is being provided to an insurance company for a purpose
    relating to engaging in the business of insurance other than property and
    casualty insurance.

    So, yes it appears that convictions can stay.

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