| State Law Compliance Criminal History Reporting |
State Law Compliance
The Federal Fair Credit Reporting Act stipulates that state law takes precedence over the FCRA if the law or civil code provides greater protection to the consumer. In most cases the state laws that apply to this condition in the FCRA involve the time period for which criminal conviction information can be reported. Other state laws include a modification of the Consumer Authorization Disclosure process. The table below lists the twelve states that stipulate only a 7-year period to report criminal conviction information, wage exceptions if applicable, and a link to the respective state civil code.
State
Minimum Salary
Code
California
No Exception
Civil Code Sections 1785.13.6 & 1786.18.7
Colorado
$75,000
Title 12 Article 14.3 Section 105.3
Kansas
No Exception
Chapter 50 Article 7 Section 704
Maryland
$20,000
Title 14 Subtitle 12 Section 1203
*Massachusetts
No Exception
Title 15 Chapter 93 Section 52
Montana
No Exception
Title 31 Chapter 3 Section 112
Nevada
No Exception
Title 52 Chapter 598C Section 150
New Hampshire
No Exception
Title 31 Chapter 359-B Section 5
New Mexico
No Exception
Chapter 56 Article 3 Section 6
New York
$25,000
Article 25 Section 380-j
Texas
$75,000
Chapter 20 Section 20.05
Washington
$20,000
Title 19 Chapter 182 Section 040
* Massachusetts limits reporting of misdemeanors to 5 years and does not allow the following crimes to be reported:
First conviction misdemeanors for: drunkenness, simple assault, speeding, minor traffic violations, affray or disturbance of the peace.
California Legislator's AB655 and AB1068
On January 1, 2002 the California Legislature?? AB655 became effective, amending both the California Consumer Reporting Agencies Act and Investigative Consumer Reporting Agencies Act (??CRA??. This bill changed a number of provisions affecting the provision of Investigative Consumer Reports for employment purposes however was amended by AB1068 only ten months later. The provisions of AB1068 are very similar to the FCRA requirements however the Consumer Authorization Disclosure used for California is altered to include a check box for California applicants to request a copy of their report from the employer. Similar provisions apply in Minnesota and Oklahoma. |