Pre-Employment Screening and the Fair Credit Reporting Act

In compliance with federal Fair Credit Reporting Act (“FCRA”) provisions, MSA Investigations may only disclose certain information in a consumer report used for employment purposes.  The following items of information are not reportable:

• Bankruptcy filings from the date of entry of the order for relief or the date of adjudication, which antedate a consumer report by more than 10 years

• Civil suits, civil judgments, and records of arrest from the date of arrest or disposition, which antedate a consumer report by more than seven years

• Paid tax liens from the date of payment, which antedate a consumer report by more than seven years

• Accounts placed for collection or charged to profit and loss, which antedate a consumer report by more than seven years

• Any other adverse item of information uncovered, other than criminal convictions, which antedate a consumer report by more than seven years 

There is no time limitation under the federal FCRA for reporting criminal convictions.  The limitations on reportable information listed above are exempt if the individual earns or is expected to earn an annual salary of $75,000 or more.  In addition, certain states, including New York, have their own additional limitations and exemptions which may pre-empt the federal FCRA.