Volume 10, Edition 9, September 2014

This Month’s Challenge is sponsored by:



Answer: (A) This is a very difficult fact scenerio. There is no case law which states you cannot report the information. However, based on CFPB and FTC current guidance, a report of this information could likely open a CRA up to a lawsuit because by the time the CRA received the information this was a “dismissed” case. These agencies now state that the seven years runs from the date of the initial charge, 03/29/2006, not the actual dismissal.

You are presented in June 2014 with the following information on an applicant for which XYZ requested a report:

Arrest Date: 03/29/2006; Initial Disposition Date: 10/23/2006 - pled guilty to rape; disposition penitentiary: 4 years; Indeterminate penitentiary: 1 year; supervised probation: 5 years; fines paid: $303.50

On 09/10/2012 a motion to withdraw guilty plea and dismiss was filed. On 10/02/2012 the sentence was modified. An order to withdraw guilty plea was granted and entered on 12/12/2012. The state sex offender registry no longer maintains his information (although he previously was required to register) because he moved out of state and the register was no longer required to maintain it.

What should you report?

A. Do not report either the conviction or the sex offender registry.

B. Do not report the conviction, but report the time he was on the sex offender registry.

C. Report the conviction as it is for a very serious crime that he served prison time for, but not the sex offender registry.

D. Report the conviction and the sex offender registry.


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