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What Reporting Restrictions does Info Cubic apply to Criminal Records?


Not only does Info Cubic follow the reporting restrictions of the Fair Credit Reporting Act (FCRA) and the State analogues (the states’ versions of the FCRA), we also apply our own internal reporting restrictions based on best practice guidelines established by Industry experts, and recent litigation trends, as well as published guidance from the Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB) and the Equal Employment Opportunity Commission (EEOC).

While the FCRA can be complex, the section on reporting restrictions is actually quite simple. Section 605 of the FCRA states that criminal convictions may be reported indefinitely, and adverse information (such as civil suits, civil judgements, and arrest-only records) that did not result in a conviction may be reported for a period of seven years. State analogues may have their own reporting restrictions, and may limit the number of years convictions can be reported, as well as for how long pending cases and non-convictions (such as arrest-only records) can be reported (See our State Background Check Laws page for detail on state reporting restrictions).

While non-convictions, such as dismissals and findings of Not Guilty, etc. can be reported for a period of 7 years in most states, Info Cubic chooses not to report this information. Arrest records on the other hand may appear on a consumer report if they are associated with a pending court case, are within seven years, and there are no state reporting restrictions that prohibit the reporting of pending information. Arrests with a final disposition of not guilty, dismissed, or similar will not appear on your Info Cubic report.

Additionally, Info Cubic chooses to limit the reporting of conviction information as well. Felony conviction records are limited to a period of 15 years, and Misdemeanor conviction records are limited to a period of 10 years.

Info Cubic reviews our reporting restrictions regularly to ensure that all State and Federal restrictions are applied and that best practice guidance is followed.

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