| Correct!
The Answer is (D). The disposition on this
was a conviction making that conviction reportable beyond
seven years. Note, you cannot indirectly report something
that you cannot directly report. By reporting the conviction
with a “charge number” as in (B), you are indirectly
reporting that there was another charge resulting from this
arrest. Since that dismissed charge is more than seven years
old it is not legally permissible to report it and your
report should not provide information, even indirectly,
about another charge that is too old to report. This also
applies to any indication of the existence of obsolete information
on the report, like a statement such as: “In compliance
with the FCRA no additional information is reported regarding
arrests prior to seven years ago.” Note, general statements
of reporting restrictions that appear on all of your reports,
even “clear” reports, are permitted.
Question:
You run a background check on an individual for a potential
employer
and find the following information regarding a single arrest:
Charge 1: felony robbery (charged in 2003 dismissed in 2004);
Charge 2: felony burglary (charged in 2003, convicted in
2004, final disposition and given probation of two years);
Charge 3: misdemeanor possession of marijuana (charged in
2003, dismissed in 2004). Under the FCRA what can you report?
A.
All three, because one of the three charges resulted in
a conviction
B.
Charge 2: felony burglary - conviction
C.
None of them because the conviction was more than seven
years ago
D.
Felony burglary - conviction
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