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Do background check reporting requirements vary by state?

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Yes. In addition to the reporting restrictions of the Fair Credit Reporting Act (FCRA), many states have their own laws in place regarding what type of information can be reported in a consumer report. These restrictions can be in regard to the length of time information may be reported, whether non-conviction information may be reported, whether pending cases may be reported, as well as what levels of offense are allowed to be reported in a consumer report. For example, Washington state prohibits the reporting of conviction information older than 7 years from the date of disposition, end of incarceration, or beginning of parole, and does not allow the reporting of any charges that did not ultimately result in a conviction. Some states, such as California and Nevada, do not allow the reporting of Sex Offender Registry information unless the Employer is in a regulated industry that requires them to receive Sex Offender Registry information. 

For more detail on State Reporting Restrictions, visit Info Cubic’s State Law database here

 

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