Compliance Documents

Which states restrict reporting on convictions?

Under the FCRA, convictions can appear on a background report regardless of when they occurred. However,
some states have limited the scope of conviction reporting to seven years, including California, Kansas,
Maryland, Massachusetts, Montana, New Mexico, New York, New Hampshire, and Washington. However,
federal law, such as the FDIC for banking access, have restrictions that supersede state laws.

Which states restrict reporting on non-convictions?

Under the FCRA, non-convictions are reportable for seven years from the file date and can appear on a
background report for seven years. Some states entirely prevent non-convictions from being reported.
These states are California, Kentucky, New York, and New Mexico. Below is a non-exhaustive list of other
state-specific and industry-specific considerations.

• California:
◦ Marijuana Misdemeanors: Non-Felony (Misdemeanor) convictions for marijuana possession can only be reported for 2 years from the disposition date. Furthermore, end users (employers) are also prohibited
from seeking or considering this information when making employment decisions.
◦ Transportation Networks (TNC): Regulatory exception under AB1289 allows consumer reporting
agencies to report convictions beyond 7 years when preparing reports for TNCs. Under this regulatory
reporting exception, TNCs can see convictions for CA applicants regardless of when they occurred.

• Maryland: 
Transportation Networks (TNCs) are required to search the "entire adult history" of candidates for TNC roles.

• Kentucky: Pending criminal cases are never reportable.

• Salary exceptions: Some states provide salary exceptions, allowing convictions to remain reportable
for candidates who expect to make over $20,000 ($25,000 in New York).

Other location-specific laws should be considered
Keep in mind, however, that states and municipalities also have specific laws regarding how end
users and employers use and consider criminal records during an employment pre-screening process.  The
laws include individualized assessment of offenses, “Ban the Box,” salary bans, permissible purposes for employment credit checks, disclosure and authorization, and waiting periods for adverse action notices. Here are some cities that have additional legal mandates:

City of Los Angeles Notice
City of San Francisco Notice
New York City Notice
New York City "Second Chance" Law
New York City "Fair Chance Form" Employers must complete this form and provide it to the subject if adverse action is taken.

DISCLAIMER: The links and forms herein will help you and your counsel comply with various federal and state regulations and understand common terms. The Resources Page is exclusively provided to our clients. The contents, forms, and sample documents should NOT be construed as legal advice, guidance or counsel. Users should consult their own attorney about their compliance responsibilities under the FCRA and applicable state and local laws. SecurTest, Inc. expressly disclaims any warranties or responsibility or damages associated with or arising out of information provided. Employers seeking credit reports must provide additional notices pursuant to state law. The various forms may require that you enter an authorized PASSWORD, which is case sensitive. Federal and various state laws require specific notices and disclosures be given to the candidate before a background check or consumer report is ordered. These resources are provided to you to serve as valuable navigational tools and resources to assist you. This information is intended for general educational and informational purposes only and is not legal advice, expressed or implied. If you need legal advice, consult with a qualified, licensed attorney.

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Rev. 01.15.2020