| 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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