Volume 9, Edition 6, June 2013
 

This Month’s Challenge is sponsored by:



 
 
 

Correct!

Answer is B. As you are likely aware, the FCRA restricts reporting non-conviction records over 7 years (for individuals who will make less than $75,000), but there is no prohibition under the federal law how far back you can report convictions. However, there are a myriad of state laws that have restrictions on how far back you can report information. Additionally, the EEOC Criminal History Guidance may cause some employers to request that you restrict the amount of time you go back in reporting information.


Question:
If an employer wants to access criminal conviction records that are older than seven years they should consider the following:

a. The FCRA prohibits criminal conviction records checks beyond seven years unless you have a bona fide business reason and you must request a special exemption.

b. Verify that the appropriate state law does not prohibit such record checks and if not proceed.

c. There are no restrictions on checking criminal records beyond seven years so move forward.

d. Based on potential discrimination issues being raised by the EEOC you should never check criminal records beyond seven years.




 

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