Volume 9, Edition 6, June 2013

This Month’s Challenge is sponsored by:



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.

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.


Disclaimer Statement: All information presented is for information purposes only and is not intended to provide professional or legal advise regarding actions to take in any situation. Advertisements are presented for information and marketing purposes only and the National Institute for Prevention of Workplace Violence, Inc. makes no representations for any products or services that are promoted and accepts no responsibility for any actions or consequences that occur as a result of any purchases from advertisers.