Reporting Stale Arrests On Criminal Background Checks is Unlawful Under the FCRA
Credit reporting agencies violate the law when they provide criminal background information to employers that includes stale arrests older than 7 years.
Unlawful or improper arrests are a daily reality for many Americans. Oftentimes, law enforcement make split-second decisions, and these decisions can be wrong.
These mistakes appear to be corrected when the state, recognizing there was no basis for an arrest, declines to press charges. The problem should be solved but, for many Americans, it is only the beginning.
Instead of the issue being resolved, an arrest for which there was no conviction continues to follow the arrestee for years to come. Most employers use criminal background information in their hiring decisions. With so much data being available and so many companies performing background checks, the risk of stale arrests being reported is high. This practice can have a detrimental effect on the person arrested and their entire family.
The Federal Fair Credit Reporting Act (FCRA) prohibits credit reporting agencies from disclosing stale arrests that did not result in a conviction.
If you applied for a job and were denied employment because you were arrested more than 7 years ago, you may have a claim under the FCRA.
Christa Collins of Harmon Parker, P.A. has years of experience protecting the rights of individuals. If you’ve been turned down as a result of a stale arrest, contact our office for a free consultation.