Volume 9, Edition 12, December 2013

This Month’s Challenge is sponsored by:



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.

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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