View Full Version : The 7 Year Limit of Criminal Disclosure Law


NewOffender
07-04-2009, 04:55 PM
Did a little researching and found out that at least half of the 50 States have laws that limit the report of a criminal conviction in background checks to the past 7 years.

Has anyone had any experience with this? That is to say based on your experiences do companies comply with these State laws?

NewOffender
07-04-2009, 05:01 PM
Can't post the link yet but if you type 7 year fcra california state you'll find it on yahoo or google.

DonFromWI
07-06-2009, 05:58 PM
Did a little researching and found out that at least half of the 50 States have laws that limit the report of a criminal conviction in background checks to the past 7 years.

Has anyone had any experience with this? That is to say based on your experiences do companies comply with these State laws?

This is a very complicated area of law. The federal government dictates the minimum standards through the Fair Credit Reporting Act (FCRA) WHEN THE CHECK IS DONE THROUGH A 3RD PARTY. The FCRA doesn't apply to employers that conduct their own background checks. It also doesn't apply to background checks for positions that pay more than $75,000/year.

The FCRA does not stipulate a time limit for criminal offenses (it used to). Therefore, most states have no limitation on criminal conviction reporting unless the state law offers protection beyond the FCRA (see below). Those that do usually have income restrictions. For example, New York has a pretty good law (7 years) except that it only applies to income up to $25,000/year. Who can live on $25K/yr. in New York??? Finally, many industries or professions require extensive checks by law and are exempt from criminal reporting limitations regardless of state or federal law.

In my opinion, the California law is the best for an ex-offender. It uses the (FCRA) credit reporting standard of 7 years for criminal offenses, and covers both 3rd party and in-house background checks. I don't think there are any income restrictions as far as the criminal background aspect goes, either. In other words, it goes well beyond the FCRA federal level of protection.

Here are some FCRA basics:

http://www.privacyrights.org/fs/fs16a-califbck.htm#3

Part 3. Federal FCRA -- Basics of Employment Background Checks
The federal Fair Credit Reporting Act (FCRA) sets the national standard for employment background checks. (15 U.S.C. §§1681 et seq.) Even in states like California that have laws governing background checks, employers have to follow the FCRA. State laws may give more rights to workers, but they cannot take away from the basic rights of the FCRA.
The FCRA covers "consumer reports" issued for multiple purposes, and this is a source of confusion to many individuals. In addition to covering credit checks, the FCRA also governs employment background checks for the purposes of "hiring, promotion, retention, or reassignment." To learn more about credit reporting, read the PRC's Fact Sheet 6, "How Private Is My Credit Report," www.privacyrights.org/fs/fs6-crdt.htm (http://www.privacyrights.org/fs/fs6-crdt.htm).
The federal FCRA applies only when an employment background check is prepared by an outside screening company. When a third party compiles a report, the FCRA requires (1) that you are notified that an investigation may be performed, (2) that you are given the opportunity to consent, and (3) that you are notified if information in the report is used to make an "adverse" decision about you.
But under the FCRA, if the employer does not hire a third party to conduct the investigation, but compiles the report itself, the provisions of the FCRA do not apply. However, California law does require some notice and access if the employer conducts its own report. This is discussed in the Part 4 (http://www.privacyrights.org/fs/fs16a-califbck.htm#4) below.
When an outside company prepares the report, the FCRA requires the employer to:

<LI class=text14-black>Give you notice on a separate document that a report may be required. <LI class=text14-black>Obtain your permission. <LI class=text14-black>Get your specific permission if medical information is requested.
Give a specific notice if your neighbors, friends, or associates will be interviewed about your "character, general reputation, personal characteristics, or mode of living." This is called an "investigative consumer report" under the FCRA.
Under the FCRA, negative information usually cannot be reported after seven years. Exceptions apply for bankruptcy information (10 years) and jobs or insurance policies over a certain dollar amount. The FCRA says that criminal convictions can be reported indefinitely.
The employer must give you a "pre-adverse action notice" along with a copy of the background report before an adverse action is taken. For job applicants, an "adverse action" means the employer has decided not to hire you based on the information in the report. For existing employees, an adverse action might be termination. Or it could be a decision to not promote you, or to demote you.
You should get a second notice after an adverse action, telling you how to dispute inaccurate or incomplete information. For more on employment background checks under the FCRA, see the Federal Trade Commission publication, "Using Consumer Reports: What Employers Need to Know," http://www.ftc.gov/bcp/edu/pubs/business/credit/bus08.pdf (http://www.ftc.gov/bcp/edu/pubs/business/credit/bus08.pdf). Also read PRC Fact Sheet 16, "Employment Background Checks: Jobseeker's Guide," www.privacyrights.org/fs/fs16-bck.htm (http://www.privacyrights.org/fs/fs16-bck.htm).

And the states with a 7-year rule:

http://securesystemsgroupltd.com/fcra.htm#5

The most recent change to the FCRA made criminal convictions reportable indefinitely. But, twelve states still follow the seven-year rule for reporting criminal convictions (for example, California Civil Code §1786). Those states are: CA, CO, KS, MD, MA, MT, NV, NH, NM, NY, TX, WA.

As far as compliance goes, I would say that it is hit-and-miss. Corporate policy usually is not very felon-friendly, however, you might be surprised. Many bigger companies do try to comply with employment law to some degree. I am familiar with a large biopharmaceutical company that typically asks for resumes, makes interview offers, and asks that you bring the completed application to the interview. They do not bring criminal history into the equation until after an interview is granted.

The main problem with compliance is this:

The application asks if you have ever been convicted of a felony. If you say "yes", you get no call. If you say "no" and are lying, they find it on the background check. Then you are denied the position for being dishonest. I like to call this corporate HR's "dirty little secret", their method of excluding ex-offenders from employment.

The irony is that in trying to exclude former law-breakers from their employment, they too are breaking the law. There is currently a movement to remove that type of question from the application because it gives a company an easy way to violate federal employment law.

If you have any more questions, I would be happy to answer them and/or steer you towards the appropriate resources to get them answered!

DonFromWI

ginsiebel
07-06-2009, 06:35 PM
I have run into places that go back ten years in California. This has kept me from getting a job and mine was just a misdemeanor.

NewOffender
07-07-2009, 07:45 PM
I have run into places that go back ten years in California. This has kept me from getting a job and mine was just a misdemeanor.

So I take it there are places that there are still places that comply with the 7 year guidelines?

htiek123
07-08-2009, 05:46 AM
Brother New Offender,

There are only 7 states that have a 7 year limit on what can be included on a third party background check, and as posted above, most have salary limits of approximately 20,000 dollars. Meaning if you make more than 20,000 dollars the 7 year limit does not apply.

What this says is, you may work at McDonalds but nothing else. If a company run a background check on its own, they do not have to follow the FCRA and may use what ever they want.

California: CA Civil Code (Consumer Credit Reporting Agencies Act) 1785.13.6 – Conviction No consumer credit reporting agency shall make any consumer credit report containing any of the following items of information (6) Records of arrest, indictment, information, misdemeanor complaint, or conviction of a crime that, from the date of disposition, release, or parole, antedate the report by more than seven years. These items of information shall no longer be reported if at any time it is learned that in the case of a conviction a full pardon has been granted, or in the case of an arrest, indictment, information or misdemeanor complaint a conviction did not result.

Colorado: CRS 12-14-.3-105.3 (1)(e) – Reporting of information prohibited No consumer reporting agency shall make any consumer report containing any of the following items of information: (e) Records of arrest, indictment or conviction of a crime that, from the date of disposition, release, or parole, predate the report by more than seven years. Exception: If the salary of an individual equals or is reasonable expected to equal $75,000 or more, the 7-year restriction does not apply.

Kansas: KS Chapter 50 Article 7 – Fair Credit Reporting - Obsolete Information:
Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information: (5) records of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than seven (7) years. Exception: If the salary of an individual equals or is reasonable expected to equal $20,000 or more, the 7-year restriction does not apply.

Maryland: Code of Maryland §14-1203 (a) (5) - Reporting of obsolete information prohibited:
(a)Prohibited items of information – Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information: (5) Records of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than seven years. Exception: If the salary of an individual equals or is reasonable expected to equal $20,000 or more, the 7-year restriction does not apply.

Massachusetts: M.G.L. Chapter 93, Section 52 – Information not to be contained in report; exceptions:
Except as authorized under subsection (b) no consumer reporting agency shall make any consumer report containing any of the following items of information: (5) Records of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than seven years. Exception: If the salary of an individual equals or is reasonable expected to equal $20,000 or more, the 7-year restriction does not apply.
M.G.L. Chapter 151B, Section 4 (9) – Unlawful practices
It shall be unlawful practice: (9) For an employer, himself or through his agent, in connection with an application for employment, or the terms, conditions, or privileges of employment, or the transfer, promotion, bonding, or discharge of any person, or in any other matter relating to the employment of any person, to request any information, to make or keep a record of such information, to use any form of application or application blank which requests such information, or to exclude, limit or otherwise discriminate against any person by reason of his or her failure to furnish such information through a written application or oral inquiry or otherwise regarding: (i) an arrest, detention, or disposition regarding any violation of law in which no conviction resulted, or (ii) and arrest, first conviction for any of the following misdemeanors: drunkenness, simple assault, speeding, minor traffic violation, affray, or disturbance of the peace, or (iii) any conviction of a misdemeanor where the date of such conviction or the completion of any period of incarceration resulting there from, whichever date is later, occurred five of more years prior to the date of such application for employment or such request for information, unless such person has been convicted of any offense within five years immediately preceding the date of such application for employment or such request for information.

Montana: Montana Code Annotated 2005 31-3-112 – Obsolete information:
No consumer reporting agency may make any consumer report containing any of the following items of information: (5) records of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than 7 years; (6) any other adverse item of information which antedates the report by more than 7 years.

Nevada: Nevada Revised Statutes 2005 598C.150 (2) – Purging of information from files of reporting agency; disclosure of purged information. A reporting agency shall periodically purge from its files and after purging shall not disclose: (2) Except as otherwise provided by a specific statute, any other civil judgment, a report of criminal proceedings, or other adverse information which precedes the repot by more than 7 years.

New Hampshire: HRS 359-B:5 - Obsolete Information
I. Except as authorized under paragraph II, no consumer reporting agency may make any consumer report containing any of the following items of information: (e) Records of arrest, indictment, or conviction of crime which from date of disposition, release, or parole, antedate the report by more than 7 years. Exception: If the salary of an individual equals or is reasonable expected to equal $20,000 or more, the 7-year restriction does not apply.

New Mexico: New Mexico Statute Chapter 56-3-6 – Report information; limitations:
A credit bureau may report the following matters for no longer than the specified periods: (5) arrests and indictments pending trial, or convictions of crimes for not longer than seven years from date of release or parole. Such items shall no longer be reported if at any time it learned that after a conviction a full pardon has been granted, or after an arrest or indictment a conviction did not result; and (6) any other data not otherwise specified in this section, for not longer than seven years.

New York: New York State Consolidated Laws Article 25 Section 380-j – Prohibited Information:
Prohibited information. (a) No consumer reporting agency shall report or maintain in the file on a consumer, information: (1) relative to an arrest or a criminal charge unless there has been a criminal conviction for such offense, or unless such charges are still pending. (f) (1) Except as authorized under paragraph two of this subdivision, no consumer reporting agency may make any consumer report containing any of the following items of information. (V) records of conviction of crime which, from date of disposition, release, or parole, antedate the report by more than seven years.

Texas: Business & Commerce Code – Chapter 20 § 20.05 – Reporting of information Prohibited. (a) Except as provided by Subsection (b), a consumer reporting agency may not furnish a consumer report containing information related to: (4) a record of arrest, indictment, or conviction of a crime in which the date of disposition, release, or parole predates the consumer report by more than seven years. Exception: If the salary of an individual equals or is reasonable expected to equal $75,000 or more, the 7-year restriction does not apply.

Washington: RCW 19.182.040 – Consumer report – Prohibited information – Exceptions:
Except as authorized under subsection (2) of this section, no consumer reporting agency may make a consumer report containing any of the following items of information: (e) Records of arrest, indictment, or conviction of crime that, from date of disposition, release, or parole, antedate the report by more than seven years. Exception: If the salary of an individual equals or is reasonable expected to equal $20,000 or more, the 7-year restriction does not apply.

kamiller
07-08-2009, 09:48 PM
So do the states with the 7 year limit ask if you have ever been conviced of a felony or have you ever been convicted in the last 7 years?

htiek123
07-09-2009, 06:07 PM
Most of them ask if you have ever been convicted of a crime, however they can only report the last 7 years. Everything I read says to be upfront and honest, however if I lived in one of these states, I would certainly lie.

Most of these states have exceptions like, health care and working for the police, but for most corporate jobs, I'm sorry, but I would lie. :idea:

Been-There
07-16-2009, 07:19 PM
According to LAC dot org in Hawaii employers cannot consider convictions more than 10 years old.

They list the most friendly states for employment as

New York, Hawaii and Connecticut tied for number 1
California at number 4
New Jersey, Illinois and Wisconsin tied at 5

I always wonder whether references to 'convictions' despite its plain meaning refer to release from prison or even the end date for probation which is considered a form of custody. That can change the clock considerably for some. I haven't been convicted of anything for more than 7 years but I'm within that for release from prison and my end date for supervision wasn't all that long ago.

Even in the best case unless they don't check decisions are based on the job and whether the crime is related in any way to the job duties.

Companies in most cases simply do not use a company for background checks that is bound by the 'credit reporting agency' restrictions.

It would be nice if the Government could reinforce the FCRA again to make it stick for background checks. Obama is our best chance for that in a long time. Here's hoping.

htiek123
07-17-2009, 07:22 AM
Brother Been-There

Wow, NJ, I live in NJ, I would love to know what is so friendly or great about this state when it comes to background checks. They only follow FCRA and have no state laws that offer further protection.

I would say California is the best, just my opinion. They can’t use Marijuana convictions over two years old and they have the 7 year rule with no salary restrictions. While NY has the 7 year rule, if the job pays more than 25,000, the rule does not apply. I believe that Washington State also has a 10 year limit.

“Companies in most cases simply do not use a company for background checks that is bound by the 'credit reporting agency' restrictions.”

I’m sorry, but this statement is completely incorrect.

Could you give an example of a company that does background checks and is not under FCRA?

Most companies do use third party vendors, due to the cost and ease. These background companies buy data bases of convictions from all states. They have all this information in one place, and if your name comes up, they already have your convictions.

All companies that issue consumer reports are bound by FCRA.

The only way around FCRA is if the companies run their own background checks in-house. This entails having a company employee go to the court houses and look up this public information. These in house checks are not regulated by FCRA. Also they can hire a private courthouse runner or a private detective or something similar.

You see it would cost a company a great deal of time and money if they have to do this for every employee.

Been-There
07-17-2009, 06:10 PM
So you apply for a job where you have a record older than 7 years and you never hear back from them despite being utterly qualified and having a good interview.

Now you prove that they didn't disqualify you based on your criminal record beyond 7 years ago? Tell me that doesn't happen regularly.

Employment discrimination is among the most difficult things to prove.

Washington state has a 7 year rule with a $20,000 disqualifier from what I have read.

pmitch10
07-18-2009, 03:15 PM
I would think that with the cost of inflation.....not sure when these laws were first made up, but.....that they would review this 20,000 limit and increase it considerably. Raising the standard, so to speak.

htiek123
07-18-2009, 06:56 PM
Brother Been-There,


“So you apply for a job where you have a record older than 7 years and you never hear back from them despite being utterly qualified and having a good interview.”

This happens everyday to everybody, weather you have a record or not. In Mass, if the job pays more than 20,000 a year, then the 7 year limit is out

”Now you prove that they didn't disqualify you based on your criminal record beyond 7 years ago? Tell me that doesn't happen regularly.”

Sorry, I’m not understanding what you trying to say here

Do you mean that they did disqualify you based on your record?

“Employment discrimination is among the most difficult things to prove.”

You are 100% correct here, its ironic, they break the law to keep you out because you broke the law.

"Washington state has a 7 year rule with a $20,000 disqualifier from what I have read."

I’m sorry I meant to say Washington DC

Mark2008
07-19-2009, 01:12 AM
Most of them ask if you have ever been convicted of a crime, however they can only report the last 7 years. Everything I read says to be upfront and honest, however if I lived in one of these states, I would certainly lie.

Most of these states have exceptions like, health care and working for the police, but for most corporate jobs, I'm sorry, but I would lie. :idea:

Same here. The worst they can do is fire you afterward. in which case you might have a legal case against them. I have yet to personally meet an employer who had the balls to bring up a 14-year-old conviction against me. I certainly would keep my mouth shut if I were in his/her shoes.

Been-There
07-19-2009, 04:34 PM
My point is if you can't prove they used your record against you whats the point? The law is toothless.

What is not absolutely clear to me either is whether those statutes apply only to crimes committed in those states either. In other words I apply in California for a job but I have federal and state convictions elsewhere does that then mean they can't use those felonies? My fed probation officer even told me not to do that after my time was up.

We are on the same page about not checking off 'have you ever been convicted of a felony' though. Absolutely not.

Brother Been-There,


“So you apply for a job where you have a record older than 7 years and you never hear back from them despite being utterly qualified and having a good interview.”

This happens everyday to everybody, weather you have a record or not. In Mass, if the job pays more than 20,000 a year, then the 7 year limit is out

”Now you prove that they didn't disqualify you based on your criminal record beyond 7 years ago? Tell me that doesn't happen regularly.”

Sorry, I’m not understanding what you trying to say here

Do you mean that they did disqualify you based on your record?

“Employment discrimination is among the most difficult things to prove.”

You are 100% correct here, its ironic, they break the law to keep you out because you broke the law.

"Washington state has a 7 year rule with a $20,000 disqualifier from what I have read."

I’m sorry I meant to say Washington DC

htiek123
07-20-2009, 08:31 AM
My point is if you can't prove they used your record against you whats the point? The law is toothless.

What is not absolutely clear to me either is whether those statutes apply only to crimes committed in those states either. In other words I apply in California for a job but I have federal and state convictions elsewhere does that then mean they can't use those felonies? My fed probation officer even told me not to do that after my time was up.

We are on the same page about not checking off 'have you ever been convicted of a felony' though. Absolutely not.

Brother Been-There

You are 100% correct in that it’s hard to prove that they used your record against you. They can always say that they have a more qualified candidate. It’s catch 22. If you put down the conviction, your application goes in the trash; if you don’t declare it they will not hire you due to the fact that you lied. There is no way around this.

With regards to crimes committed in other states, your example of California is a good one. I have a felony in NJ, 17 years ago. If I apply for a Job in NJ then it is reportable, because NJ is for life time, how ever if I applied for a job in California, they can only go back 7 years regardless of where the crime was committed. Now if you committed your crime in California 10, years ago it’s not reportable in California, however if you apply for a job in NJ, then your convictions will be reportable.

You go by the laws in that state that you apply in, no matter where the crime was committed.

I’ve lived in NJ my whole life, all my family and friends are here, however I’ve thought about moving to California.

plainsight
07-20-2009, 03:28 PM
I just moved to LA from Boston, and have 4 federal felonies (from the same incident), which was completely wrapped up 12 years ago. I worked in Boston as a licensed real estate broker (disclosed to MA, not a big issue). I applied for a license here, and also disclosed. Still not a problem. I left my company of 6 years for a new job. My new employer hired me, then did a background check. He decided that he didn't like the convictions, so out I went. Because I was a 1099 contractor, as many real estate people are, there really isn't much I can do about it. The law in CA is nice with the 7 year limit, but in practice it didn't do much to protect me. Just FYI.

Been-There
07-22-2009, 01:06 AM
The best way around this is to work for yourself completely where you have direct customers in some business that allows licensing or doesn't require licensing. Thats also a good way to protect yourself against garnishment for federal restitution. Many states do have laws stating that in order for you to be denied licensing for an occupation that the crime and the occupation must be closely related.

Just an FYI also people have been hiring 'prison coaches' to prepare for prison. These people have ripped off financial companies etc, have lots of money and no sense of what to expect. These people are actually looking for 'us'. Mostly concerning federal prison but I'm sure thats not always the case. As a part time thing this would be very profitable.

DonFromWI
07-22-2009, 04:41 PM
I have run into places that go back ten years in California. This has kept me from getting a job and mine was just a misdemeanor.

Some vocations such as healthcare, childcare, or law enforcement can still go back indefinitely. But generally in CA it is 7 years. The only hitch is that many employers will break the law to discriminate against former law breakers. If that makes sense. :confused:

NewOffender
08-04-2009, 11:11 PM
I just moved to LA from Boston, and have 4 federal felonies (from the same incident), which was completely wrapped up 12 years ago. I worked in Boston as a licensed real estate broker (disclosed to MA, not a big issue). I applied for a license here, and also disclosed. Still not a problem. I left my company of 6 years for a new job. My new employer hired me, then did a background check. He decided that he didn't like the convictions, so out I went. Because I was a 1099 contractor, as many real estate people are, there really isn't much I can do about it. The law in CA is nice with the 7 year limit, but in practice it didn't do much to protect me. Just FYI.

I'm thinking about becoming a real estate agent. How hard is it to make a good living as a real estate agent?

NewOffender
08-04-2009, 11:12 PM
Some vocations such as healthcare, childcare, or law enforcement can still go back indefinitely. But generally in CA it is 7 years. The only hitch is that many employers will break the law to discriminate against former law breakers. If that makes sense. :confused:

How the hell do they discrimate if the company that runs the background check can't report more then 7 years?

MannysBebegirl
08-07-2009, 01:18 AM
Hello Sir,
My boyfriend is interested in becoming a real estate agent (he is an ex- con) he is out now. How hard is it? Any tips? Or just any advice? He has had a really hard time gaining employment and just any information or helpful tips would be greatly appreciated... Thanks for your time. :)

godchaser
10-12-2009, 09:46 AM
Did a little researching and found out that at least half of the 50 States have laws that limit the report of a criminal conviction in background checks to the past 7 years.

Has anyone had any experience with this? That is to say based on your experiences do companies comply with these State laws?
no they dont mine was over 20 yrs ago and i still cant get a good job

StayUp
12-18-2009, 04:40 PM
I went to a temp agency interview yesterday and the moment she saw I had a felony, the interview ended before it began. She pretty much told me they dont place felons due to risk factors and making their agency look irresponsible.

I left there feeling really dumb. Practiced for interview questions I never even got a chance to answer.

If there is a 7 year law limit in my state then why do I even need to disclose this to them?

I can understand my DUI but the felony sounds like it is legally none of their business.

cornered
12-18-2009, 10:17 PM
There needs to be a correction. The Colorado statute was mis-typed. This will cause some difficulty in researching it via the state statute website (michie.com). This is the correction in it's entirety-


12-14.3-105.3. Reporting of information prohibited.

(1) Except as authorized under subsection (2) of this section, no consumer reporting agency shall make any consumer report containing any of the following items of information:

.....(a) Cases under title 11 of the United States Code, or under the federal bankruptcy act that, from the date of entry of the order for relief or the date of adjudication, predate the report by more than ten years;

.....(b) Suits and judgments that, from the date of entry, predate the report by more than seven years or by more than the governing statute of limitations, whichever is the longer period;

.....(c) Paid tax liens that, from the date of payment, predate the report by more than seven years;

.....(d) Accounts placed for collection or charged to profit and loss that predate the report by more than seven years;

.....(e) Records of arrest, indictment, or conviction of a crime that, from the date of disposition, release, or parole, predate the report by more than seven years;

.....(f) Any other adverse item of information that predates the report by more than seven years.

(2) The provisions of subsection (1) of this section do not apply to the case of any consumer report to be used in connection with:

.....(a) A credit transaction involving, or that may reasonably be expected to involve, a principal amount of one hundred fifty thousand dollars or more;

.....(b) The underwriting of life insurance involving, or that may reasonably be expected to involve, a face amount of one hundred fifty thousand dollars or more; or

.....(c) The employment of an individual at an annual salary that equals or is reasonably expected to equal seventy-five thousand dollars or more.

(3) A consumer reporting agency shall not furnish for employment purposes, or in connection with a credit or insurance transaction or a direct marketing transaction, a consumer report that contains medical information about a consumer unless the consumer consents to the furnishing of the report.

(4) A consumer reporting agency shall not include, in a consumer report made to a person requesting credit information pertaining to a consumer, the names of any other persons who have requested credit information pertaining to that consumer or the number of such inquiries made more than one year preceding the date of the consumer report; except that such information shall be retained for two years and provided to the consumer as provided in this article.

(5) Notwithstanding the provisions of subsection (4) of this section, a consumer reporting agency shall not furnish to any person, including a developer of credit scoring, a record of inquiries in connection with a credit or insurance transaction that is not initiated by the consumer. The term "credit or insurance transaction that is not initiated by the consumer" does not include inquiries resulting from the collection of an account or for purposes of reviewing an account.

Source: L. 97: Entire section added, p. 388, § 6, effective August 1. L. 2002: (5) added, p. 381, § 2, effective April 25.



I remember how the credit reporting agencies used to abuse the rights of others many years ago. I remember being turned down for real estate loans back in '87 because they had in their reportts that I was a multiple felony convioct from Florida, and the charges were supposedly drugs. I got a kick out of that, even to this day, as of right now I am 40 years old and NEVER been to Florida! Back then I had a lawyer I know from my teenage years talk with them. Within 6 months the garbage was off. But without a lawyer back then, it would have never been removed.

Even now I am still, 8 years later, fighting identity theft. Just because I have a few legitimate "grey areas" on my credit, it's nearly impossible to get the false information removed. In fact recently I had to harass a credit reporting group to get a satisfactory response.

I told the credit reporting group rep. that garbage they reported as a collection account, was forgiven/removed back in '03 BY the creditor as paid in full. The creditor NEVER took it to collections. Didn't matter. Somehow, it went to collections and I was able to get the creditor to verify that not only did they not post it as a collections account, but it was already paid off. That was in 2006, and I remember going to the collection agency that claimed it as a debt and beating so hard on the manager's desk top that is left my hand bruised. But, they removed it. Yet again, it showed it's ugly head this year. Well, this time I told the credit reporting group rep that they can try to prove the debt after a judge subpeonas the records for my trial. She was puzzled and in a variety of words not suitable for here I told her what I was planning on doing to their employees (I was reflecting back on some gruesome videos showing the SE Asian tribes and their execution methods). I may get 30+ years if not life, but after I'm found guilty I guarantee I'll sue the crap out of them.

Within two days it was removed, and they apologized.

When it gets that bad, ya gotta break the law, because it's clearly the only moral option available.

neccomamma
12-19-2009, 02:57 PM
I totally agree. I f they aren't going to hire you then why even get you to the interview. I have had this same problem, I get there they see I have a felony,which I put on my application from the very begining, see that it's not been seven years and see me to the door. Why even say that it "may not be a barr to hire" on the friggin application when it is!!!:angry:

shagginabit1980
12-19-2009, 07:39 PM
Well, my felony-reduced to class A misdemeanor is 11 years old and I still get hassled...That 7 year law is bogus, in my opinion.

cornered
12-20-2009, 01:10 AM
If they are not compliant with the FCRA you have the right to sue. But you need to consult with an attorney about that first.

godchaser
06-15-2010, 09:13 PM
mine happendover 20 yrs ago i still cantget a decent job!!

subzero
07-06-2010, 07:07 PM
I just accepted a position that would have been the best job I have ever had. I would be my own boss for all intent and purposes with a good pay and benefits.

The application asked whether I had any criminal convictions within the last 7 years and I checked no which is correct although my probation/supervised release is within 7 years.

I told them I needed two weeks to wrap up my current situation and gave notice where I work.

Today I get a call from human resources that was about my application and that they needed my ss# again and the legal spelling of my name and DOB. The woman said she has to verify some of the info for 'security'.

This company is big enough to have their own full time human resources department so I feel pretty sure they will do all the checks themselves and the offer will be pulled.

Really depressed here.

htiek123
07-07-2010, 06:07 PM
I just accepted a position that would have been the best job I have ever had. I would be my own boss for all intent and purposes with a good pay and benefits.

The application asked whether I had any criminal convictions within the last 7 years and I checked no which is correct although my probation/supervised release is within 7 years.

I told them I needed two weeks to wrap up my current situation and gave notice where I work.

Today I get a call from human resources that was about my application and that they needed my ss# again and the legal spelling of my name and DOB. The woman said she has to verify some of the info for 'security'.

This company is big enough to have their own full time human resources department so I feel pretty sure they will do all the checks themselves and the offer will be pulled.

Really depressed here.

I’m so sorry brother Subzero, me and you have been in this fight for the last few years.

At least Massachusetts is moving forward in the right direction.
I see Massachusetts just passed a bill that after 10 years your felony is automatically sealed down from 15 and now five for misdemeanors. This is not a lifelong problem for you as me, somthing like this would give me hope.

Some states have no expungement process at all, you’re stuck for life.

http://www.boston.com/news/local/massachusetts/articles/2010/05/27/criminal_records_bill_gets_house_ok/ (http://www.boston.com/news/local/massachusetts/articles/2010/05/27/criminal_records_bill_gets_house_ok/)

shagginabit1980
07-14-2010, 12:36 PM
I wonder how that would work for someone who had a conviction in another state and who just happened to live in Massachusetts.

persh
08-02-2010, 04:52 PM
I was glad to have Washington's disclosure law on my side, but in my situation there was one loophole through the "salary" provision of more than $20,000. Contract employees do not receive a "salary" and are paid on a "per contract" basis.

Though it sucks having to go through contract after contract, I'm glad that my serious federal felony conviction was not an issue in getting a nice temp position at Microsoft. :p

blackgirl38
01-19-2011, 05:29 PM
Did a little researching and found out that at least half of the 50 States have laws that limit the report of a criminal conviction in background checks to the past 7 years.

Has anyone had any experience with this? That is to say based on your experiences do companies comply with these State laws?
I live in Dallas,Tx and Tx companies dont follow this rule i put in and application at Educare,inc in Irving,Tx i was called back for the orention process i went threw the process then i was told i couldnt be employed by them due to criminal background that was in 2009 and my felomy case was in 1998 thats more than the 7 yrs. So am i suppose to still put convictions on the application i did by the way. I feel like i was given a death sentence instead of 5yrs probation i cant win for loosing. CONFUSED

blackgirl38
01-19-2011, 05:32 PM
This makes me so mad i have the skills for the jobs i apply for but never get the job at all im 38 now 3 grown kids survival hasnt been easy for me i want get into survival u no if your a felon

subzero
01-19-2011, 07:26 PM
Hopefully some other states follow Massachusetts.

://bit.ly/gEyNAV

I just applied for a job today and even though the 'ban the box' is already in effect the app asked if I was ever arrested. If I was to leave it blank they'd just ask me. There was no section that I had to sign where there said they could run a background check but I don't believe that is needed in MA for the state check. The rest of the new law doesn't go into affect till 2012.


I’m so sorry brother Subzero, me and you have been in this fight for the last few years.

At least Massachusetts is moving forward in the right direction.
I see Massachusetts just passed a bill that after 10 years your felony is automatically sealed down from 15 and now five for misdemeanors. This is not a lifelong problem for you as me, somthing like this would give me hope.

Some states have no expungement process at all, you’re stuck for life.

htiek123
01-21-2011, 06:23 PM
I live in Dallas,Tx and Tx companies dont follow this rule i put in and application at Educare,inc in Irving,Tx i was called back for the orention process i went threw the process then i was told i couldnt be employed by them due to criminal background that was in 2009 and my felomy case was in 1998 thats more than the 7 yrs. So am i suppose to still put convictions on the application i did by the way. I feel like i was given a death sentence instead of 5yrs probation i cant win for loosing. CONFUSED


This is the Texas Law, its 7 years after you complete probation. 2009 was only 6 years. 1998 + 5 years probation means that your 7 years started in 2003. 2003-2010 is 7 years.



Texas: Business & Commerce Code – Chapter 20 § 20.05 – Reporting of information Prohibited. (a) Except as provided by Subsection (b), a consumer reporting agency may not furnish a consumer report containing information related to: (4) a record of arrest, indictment, or conviction of a crime in which the date of disposition, release, or parole predates the consumer report by more than seven years. Exception: If the salary of an individual equals or is reasonable expected to equal $75,000 or more, the 7-year restriction does not apply.

eladlrm
01-30-2011, 10:48 PM
I live in texas and when released from prison, I stated that I was a Felon on job applications, never ever got an interview. Then I got hired for a local-owned company, and it was because the owner gave me the chance to explain my situation, my convictions are of credit card abuse and theft, so this conviction pretty much refrains me from every job, but all my convictions come from the same situation. I demonstrated the owner of my abilities, he was very happy with me but it was a minimum wage job :(. I had to move on so I went into Industrial contractor work as a boilermaker, you can tell is a hard job, but the pay is awesome for a skilled craftsman I started earning $14/hour by the next year I was getting $22-27 depending on the company, then I got certified getting $28-32,( I was arrested on DEC 03, got sentenced in the middle of 04, released from prison JAN 05, released from parole on JAN 07)between 05 and 07 I was denied admission to some refinerys, but some refinerys in other states from the same company did allowed me to get in, by the end of 07 beggining of 08, I was allowed to go into pretty much any refinery with a background check... even though 7 years have not passed since my release of paper, and barely 7 years since my conviction. Then the government implemented through the TSA a card called TWIC (Transportation Worker Identification Card) which does a government background check, eventually after a bunch of letters from employers and your own explanation you will get it, The older the offense the better but u will get it(most of my friends with convictions have received it). The companies in this kind of work do not care if you have a conviction, you can tell em upfront, they even do the background check when required and sometimes you are able to get in. In resume. refinerys are very felon friendly. The jobs are throughout the US, but mainly in houston. if anyone needs some company info please PM me, I glady will give you the info.

Antdog1
07-26-2011, 03:58 AM
I also live in Texas and pretty much have a similar situation to eladlrm above. I was arrested in 2003, sentanced in 04 and was released in 05. I got off parole in 2007, and have been a law abiding citizen ever since. I even find it hard to get a job at Arbys here in Fort Worth, and it has gotten me very depressed. I was working for 2 years, but lost my job and haven't worked in the last 4 years. I want to get back up on my feet and find a good paying job close by.

From what I can gather, it is 7 years after the parole ends that you are exempt from checking that you have a felony on applications or not? If that is from the offence date then I should be ok? I just don't want to have to lie at all and be up front with everybody, but it is keeping me from getting any job. Should I lie and say I have not been convicted of a felony or what?
I am pretty good with computers and know how to build them, is there any places that allow me to work with computers that people don't do background checks?

htiek123
07-27-2011, 11:21 AM
I also live in Texas and pretty much have a similar situation to eladlrm above. I was arrested in 2003, sentanced in 04 and was released in 05. I got off parole in 2007, and have been a law abiding citizen ever since. I even find it hard to get a job at Arbys here in Fort Worth, and it has gotten me very depressed. I was working for 2 years, but lost my job and haven't worked in the last 4 years. I want to get back up on my feet and find a good paying job close by.

From what I can gather, it is 7 years after the parole ends that you are exempt from checking that you have a felony on applications or not? If that is from the offense date then I should be ok? I just don't want to have to lie at all and be up front with everybody, but it is keeping me from getting any job. Should I lie and say I have not been convicted of a felony or what?
I am pretty good with computers and know how to build them, is there any places that allow me to work with computers that people don't do background checks?

First, everything says not to lie, There is never a time when you don't have to put down the felony. The seven years begins after your parole or probation ends. If the job is using a 3rd party background company, then the company will follow TX law and not report any convictions seven years after you have completed probation or parole. If the job uses there own investigator then there is no limit to what they can find and use.

If the application says have you ever been convicted of a felony you would have to put yes, however the background check company can only report the last 7 years so you do tell on yourself. Would I lie, I might....

Sammy's Girl
07-28-2011, 12:18 AM
Where I work, here in Oregon my employer only goes back 7 years.

mariadholman
08-01-2011, 12:56 PM
I live in texas and when released from prison, I stated that I was a Felon on job applications, never ever got an interview. Then I got hired for a local-owned company, and it was because the owner gave me the chance to explain my situation, my convictions are of credit card abuse and theft, so this conviction pretty much refrains me from every job, but all my convictions come from the same situation. I demonstrated the owner of my abilities, he was very happy with me but it was a minimum wage job :(. I had to move on so I went into Industrial contractor work as a boilermaker, you can tell is a hard job, but the pay is awesome for a skilled craftsman I started earning $14/hour by the next year I was getting $22-27 depending on the company, then I got certified getting $28-32,( I was arrested on DEC 03, got sentenced in the middle of 04, released from prison JAN 05, released from parole on JAN 07)between 05 and 07 I was denied admission to some refinerys, but some refinerys in other states from the same company did allowed me to get in, by the end of 07 beggining of 08, I was allowed to go into pretty much any refinery with a background check... even though 7 years have not passed since my release of paper, and barely 7 years since my conviction. Then the government implemented through the TSA a card called TWIC (Transportation Worker Identification Card) which does a government background check, eventually after a bunch of letters from employers and your own explanation you will get it, The older the offense the better but u will get it(most of my friends with convictions have received it). The companies in this kind of work do not care if you have a conviction, you can tell em upfront, they even do the background check when required and sometimes you are able to get in. In resume. refinerys are very felon friendly. The jobs are throughout the US, but mainly in houston. if anyone needs some company info please PM me, I glady will give you the info.

I would appreciate names of companies that you mentioned. My husband is in the TDCJ system and about to be released. Any information for employment and which companies hiring would be greatly appreciated.
My email address is mariadholman@gmail.com. Thank you so much....Maria Holman

Desert Rose
08-01-2011, 07:43 PM
I would appreciate names of companies that you mentioned. My husband is in the TDCJ system and about to be released. Any information for employment and which companies hiring would be greatly appreciated.
My email address is mariadholman@gmail.com. Thank you so much....Maria Holman

Please remove your e.mail and personal info for your own safety, people can PM you. Just lookin' out for you :thumbsup:

subzero
09-09-2011, 04:01 AM
The new Massachusetts expungement law takes effect fully next May.

You still have to initiate sealing the record but from everything I have read release from incarceration starts the clock or the conviction date if there is no prison/jail time so probation and parole do not seem to count. This can strip years from the time so its pretty good.

I have found recently that by writing I had some bad checks 11 years ago on the employment app that employers in MA aren't even bothering to check anymore.


http://bit.ly/niTeVh

http://goo.gl/xZJl5

Convictions:

o All murder, manslaughter, and sex offense convictions.

o Any felony convictions that occurred within the last 10 years or for which the applicant was incarcerated within the last 10 years; and

o Any misdemeanor convictions that occurred within the last 5 years or for which the applicant was incarcerated within the last 5 years.

o Note: If any criminal conviction qualifies to be included on the CORI report under the above rules, then all prior convictions will appear on the CORI report as well, regardless of when they occurred.

The waiting periods for sealing records will be reduced. The CORI reform bill does not provide for automatic sealing. The sealing of any non-conviction or conviction will continue to be subject to the conditions listed in sections 100A and 100C of chapter 276 of the General Laws.

Beginning May 4, 2012, individuals may request that their criminal records be sealed according to the following schedule:

Misdemeanor: 5 years after the conviction or any period of incarceration, whichever is later.

Felony: 10 years after the conviction or any period of incarceration, whichever is later.

Sex offense: 15 years after the conviction or any period of incarceration, or after the obligation to register as a sex offender ceases, whichever is later. Sex offenders classified as Level 2 or Level 3 will not be eligible to have their convictions sealed.

To be eligible for sealing, an applicant must not have a conviction for any crime during the above waiting periods.

lack10
09-09-2011, 11:32 AM
These laws are still wack. It's like you have to be in hiding until your time is up. 10 years for all felonies.

Get real

subzero
09-10-2011, 12:52 AM
I have to agree but this is as good as it gets.

From my point of view I have a conviction in Florida in 2003 with release from Massachusetts incarceration in 2002 when they paroled me to the Feds so unless they catch the Florida conviction I'll lose a boat load of charges that look like hell in 2012 and at worst in 2013. I didn't get off supervision till late 2007 so if they looked at that as incarceration as some states do I'd be unable to expunge till 2017 - a huge difference.

I don't plan on applying anywhere in MA till then so that less outside private agencies will have me in their system.

These laws are still wack. It's like you have to be in hiding until your time is up. 10 years for all felonies.

Get real

Paulie'sGirl
09-10-2011, 09:37 PM
What I think is rediculous about this is...I can charge up $50,000 or $100,000 in credit cards and debt, then file for bankruptcy and in 7 years it's off my record. Isn't that stealing?

If I walk out of a jeweler with an expensive watch without paying I would probably get arrested, pay fines, do time in jail, possibly prison, depending upon the value. BUT if I charge it and decide not to pay, and file for bankruptcy, it's OK?! WTF

Yet my bf gets in a fight with some guy...2 guys with too much testosterone, a few too many cocktails, and fighting over a girl. Even in court, the guy admits to taking the first swing!! He gets aggravated assault charge and 3 years prison and it's never off his record.

This is total BULLSHIT!! Maybe I should ruin my credit rating and reap the benefits of all my over-spending, knowing it'll be off my record in 7 years!! (not to worry, I'm too cheap and too honest)

convictedfelons
12-12-2011, 03:45 AM
Im actively looking for work in TX and I havent reached the 7 year mark. Its very frustrating. But, I think a strategy of taking several part time jobs is the best way around the salary rule. It doesnt say if that applies to pt or ft jobs. So, why not get three pt jobs, under $25k, and avoid the salary limit for checks? Also, I would check no on the app question. If they run background check and ask, just remind them they are violating the law by going back more than 7 years and then tell them you understoood the question to only be relevant for 7 years so you thought u answered it correctly.

cbsmom
12-12-2011, 07:48 PM
What I think is rediculous about this is...I can charge up $50,000 or $100,000 in credit cards and debt, then file for bankruptcy and in 7 years it's off my record. Isn't that stealing?

If I walk out of a jeweler with an expensive watch without paying I would probably get arrested, pay fines, do time in jail, possibly prison, depending upon the value. BUT if I charge it and decide not to pay, and file for bankruptcy, it's OK?! WTF

Yet my bf gets in a fight with some guy...2 guys with too much testosterone, a few too many cocktails, and fighting over a girl. Even in court, the guy admits to taking the first swing!! He gets aggravated assault charge and 3 years prison and it's never off his record.

This is total BULLSHIT!! Maybe I should ruin my credit rating and reap the benefits of all my over-spending, knowing it'll be off my record in 7 years!! (not to worry, I'm too cheap and too honest)

We live in a fear driven society. So anything anyone does that is perceived ts to be physically threatening, the govt has decided to make public and punnish severly. And they want everyone to know about it.

However, white collar crime seems to be given some pass - Few bankers, wall street brokers who have stolen and bankrupted millions of peoples retirement funds, pensions and life savings are still enjoying the good life.

Whose fault is this?

putterpanther77
02-12-2012, 12:33 AM
They not only ask for any felony convictions here in Ohio when applying for a job but also Landlords have access to background checks and credit ratings!! They wont even rent to you if you have no credit or bad credit here.Im so thankful my hubby got his job in 2006 before his employer changed their hiring practices to NO felons.They cant touch him for it now.He is one of their best workers making $15 an hr and will soon be getting promoted to their overhead crane operator position.
With the economy now making it even more impossible to find good paying jobs,we feel very blessed.

lovinghim2010
02-18-2012, 07:18 PM
So if we move to Texas we will be good

knb070204
07-20-2012, 11:16 PM
Hey guys,

I am a felon in the state of Maryland due to two separate theft charges (over $500) back in 2004 and 2005, only a few months apart. So just like anyone else with a record like that, I struggled with jobs and even some professional licensing. I have constantly searched for some kind of loophole to make it easier to find good work. I was made aware of the 7 Year Limit in Maryland about one year ago, and I got super excited about it. However, when I went and read the law myself, my excitement quickly vanished when I read that a job that pays more than $20,000 per year is not restricted to the 7 Year Limit. Well, I moved to Florida about a year ago just looking for a new start in a way, and just to say, Florida sucks and there is no such thing as good jobs down here. Even of your a felon, you have to have job openings before you can be turned down. Anyway, I am probably moving back to Maryland here soon, and just for the hell of it, I decided to look over the 7 Year Limit Law again, and I found what I believe to be a VERY big loophole. Everyone, including myself up until now, says that the 7 Year Limit doesnt apply if the potential job pays over $20k a year, but here is the law itself. Note the three words towards the bottom that are bold and underlined....

§ 14-1203. Reporting of obsolete information prohibited.


(a) Prohibited items of information.- Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information:
(1) Bankruptcies which, from date of adjudication of the most recent bankruptcy, antedate the report by more than 10 years;
(2) Suits and judgments which, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period;
(3) Paid tax liens which, from date of payment, antedate the report by more than seven years;
(4) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years;
(5) Records of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than seven years; or
(6) Any other adverse item of information which antedates the report by more than seven years.
(b) Application of subsection (a).- The provisions of subsection (a) of this section are not applicable in the case of any consumer credit report to be used in connection with:
(1) A credit transaction involving, or which may reasonably be expected to involve, a principal amount of $50,000 or more;
(2) The underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of $50,000 or more; or
(3) The employment of any individual at an annual salary which equals, or which may reasonably be expected to equal, $20,000 or more.


This appears to say that the $20,000 salary exception ONLY APPLIES TO CONSUMER CREDIT REPORTS. What is the legal definition of consumer credit report?


consumer credit report. Any communication of information by a consumer reporting agency that bears on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living and is obtained directly from the consumer’s creditors or from the consumer. Also known as consumer report.


Sooooo, based on the Maryland law, if a job pays over $20,000 a year, the ONLY element that becomes exempt from the 7 Year Limit would be a credit check. A criminal history check DOES NOT qualify as a "Consumer Credit Report". The definition of "consumer credit report" states that any info obtained comes from CREDITORS OR THE CONSUMER. So unless you tell on yourself or somehow someone at Experian or Equifax have access to your criminal history, you should be free from reporting of any crimes after seven years from date of last activity. If you apply for a job making over $20,000 a year in Maryland and a conviction that is over seven years old is reported to your potential employer by a third party consumer reporting agency, it seems you would have an easy, legitimate lawsuit to file. I hope this helps any fellow felons in the Maryland...