| Correct!
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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