We monitor legislation and make every effort to provide information that could affect how you access and use consumer reports in your hiring and recruiting processes. This information is not meant to provide legal advice of any kind. Legal advice should be sought from your attorney.
In addition to the legislative items listed below, read our blog to get information on other laws that are being considered or have been enacted.
Credit Report Legislation
The following states have enacted some form of legislation limiting the use of an applicant's credit history information during the hiring process.
Ban the Box Legislation
The states listed below have enacted some variation of “ban the box” legislation, which involves removing the checkbox on the job application and delaying the inquiry on an applicant’s criminal history until later in the hiring process. Laws can pertain to public employers, private employers or both. A number of U.S. cities, counties and local municipalities have also enacted similar policies.
The following states have passed some form of E-Verify legislation. Some counties and local municipalities have also enacted similar measures.
Social Media Legislation
The following states have enacted laws that restrict the inquiry into job applicant, employee or student personal login and password information for social network accounts.
FCRA Quick Reference Guide
• Civil, arrest and non-conviction records are not reportable after 7 years from date of most recent adverse item of information (such as date of charge or probation violation; NOT disposition date if disposition is non-adverse)
• Convictions are reportable indefinitely
• Open Warrants can be reported indefinitely
State FCRA (Certain Requirements more Strict than Federal FCRA)
(Applies to the following states only: California, Colorado, Kansas, Maryland, Massachusetts, Montana, Nevada, New Hampshire, New Mexico, New York, Texas, and Washington).
• Convictions are not reportable after 7 years from the date of disposition, release, or parole. (“The sentencing date is the default for convicted consumers whose sentence does not include confinement).
— If the consumer received probation ONLY, and was never incarcerated, the sentencing date is the default. If the sentencing date is not available, the disposition date is to be used in its place.
— If the consumer received probation and was incarcerated, the incarceration end date is the default
• The incarceration may be included in the original sentence AND/OR may be a result of a probation violation.
— If the consumer was incarcerated (regardless if there is parole), the prison release date is the default
— If there is a parole or probation violation, the violation date is the default (unless there is associated confinement. If the consumer is confined as a result of the violation, the confinement release date is the default).
*Incarcerated = any type of confinement or jail time.
States that prohibit reporting non-Convictions (pending/open charges are reportable): New York, California, Kentucky and Indiana.