State Reporting Laws Involving Employment
The Fair Credit Reporting Act (15 U.S.C § 1681)
The federal Fair Credit Reporting Act:
- Does not limit consumer reporting agencies (or “CRAs”) from reporting criminal convictions, regardless of the age of a record.
- Generally prohibits CRAs from reporting non-conviction criminal record history information that is more than than seven (7) years old.
Records of arrests with the following dispositions are typically considered by GHRR to be “non-convictions”:
- Dismissals
- Nolle Pros
- No Bills
- Deferred Adjudications
- Successful Pre-Trial Diversions, etc.
Note: GHRR calculates the reportability of convictions from the date of disposition, end of sentencing term, or end of the probation term - whichever event occurs last. Certain states prohibit reporting convictions older than seven years, in which case GHRR will disregard sentencing and probation and calculate reportability based upon the disposition date alone.
State-Specific Restrictions
Alaska
CRAs may not report:
- Non-Conviction Information.
- Correctional Treatment Information.
AS 12.62.160
California
CRAs may not report:
- Non-conviction information.
- Convictions more than 7 years old, unless the CRA confirms a sentencing release date that is within the last seven years.
- Convictions of individuals who later received full pardons.
CRAS may report arrest information for pending cases, but the law does not expressly permit employers to make employment decisions based on arrest record information alone.
ICRAA - California Civil Code section § 1786.10 – § 1786.40
Hawaii
Employers may not consider felony convictions that are more than seven (7) years old or misdemeanor convictions that are more than five (5) (excluding periods of incarceration), so GHRR does not report this information to customers.
HRS § 378-2.5
Kansas
CRAs may not report criminal history information that is more than seven (7) years old unless the applicant or employee is expected to receive an annual salary of at least $20,000.
K.S.A. 50-701 – 725
Kentucky
CRAs may not report non-conviction criminal history information.
KRS § 367.310
Maryland
CRAs may not report criminal history information that is more than seven (7) years old unless the applicant or employee is expected to receive an annual salary of at least $20,000.
Maryland Commercial Code § 14-1202 – 1203
Massachusetts
CRAs may not report criminal history information that is more than seven (7) years old.
Mass. Laws Ann. Ch. § 56-3-6
Montana
CRAs may not report criminal history information that is more than seven (7) years old.
Montana Code § 31-3-112
New Hampshire
CRAs may not report criminal history information that is more than seven (7) years old unless the applicant or employee is expected to make an annual salary of at least $20,000.
NH Rev. St. Ann. § 359-B:5
New Mexico
CRAs may not report criminal history information that is more than seven (7) years old.
NM Stat. Ann. § 56-3-6
New York
CRAs may not report:
- Non-conviction criminal history information.
- Criminal convictions that are more than seven (7) years old unless the applicant or employee is expected to make an annual salary of at least $25,000.
NY Gen. Bus. L. § 380-J (2012)
Pennsylvania
“Summary Offenses” are not considered crimes in PA, so GHRR does not report these offenses to customers.
356 Pa.Super. 262 (1986)
Washington
CRAs may not report criminal convictions that are more than seven (7) years old unless the applicant or employee is expected to make an annual salary of at least $20,000.
Wash. Rev. Code § 19.182.040
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