The Seven-Year States

Below is a listing of the states that have adopted an analog or mini-me Fair Credit Reporting Act (FCRA) statute.  However, the user must review the discussion on particular states to determine the full extent of restrictions on reporting and use of information in any state.  Further, many states that did not adopt their version of the FCRA have restrictions. 

A word of advice, in any state the CRA or user must review the discussion on particular states in order to determine the full extent of restrictions on reporting and use of information.

State(1)

Time Limit - Reporting Convictions

Time Limit - Reporting Non-Convictions

Salary Cap Exemption

California(2)

7 Years

Pending (credit reports may not be able to report pending matters)

No cap

Kansas

7 Years

7 Years

$20,000

Maryland

7 Years

7 Years

$20,000

Massachusetts

7 Years

7 Years

$20,00(3)

Montana

7 Years

7 Years

No cap

Nevada

7 Years (credit only)

7 Years (credit only)

No cap

New Hampshire

7 Years

7 Years

$20,000

New Mexico (applies to companies that provide credit reports to any clients, but not necessarily tied to any particular report to a client)

7 Years

7 Years

No cap

New York

7 Years

Pending only

$25,000

Washington

7 years

7 Years

$20,000



(1)Colorado and Texas enacted analog FCRA statutes after September 30, 1996 and thus are pre-empted by the FCRA.  15 U.S.C. 1681t(b)(1)(E) [625(b)(1)(e)].  Colorado:  CRSA 12-14.3-105.3 enacted 1997; Texas:  Texas Business and Commerce Code 20.05 enacted 1997.  Both statutes contain restrictions on reporting convictions and non-convictions for 7 years and have a salary restriction of $75,000.  

(2)California substantially amended their statutes regulating consumer reports and in particular to what the state refers to as investigative consumer reports after September 30, 1996.  Prior to this date, the state had a salary cap of $35,000.  The current statute has no salary cap.  Convictions are reportable for 7 years and only pending charges can be reported.  California Civil Code 1786.18.  However, statutes relating to credit reports have not changed after September 30, 1996.  Convictions are reportable 7 years, and it is unclear if pending charges can be reported as part of a report for credit purposes.  See the following language difference.  1785.13(a)(6) [credit reports] provides: these items or information shall no longer be reported if at any time it is learned that in the case of a conviction a full pardon has been granted or in the case of an arrest, indictment, information or misdemeanor complaint a conviction did not result; on the other hand 1786.1(a)(7) [investigative consumer reports] provides:  these items or information shall no longer be reported if at any time it is learned that, in the case of a conviction, a full pardon has been granted, or in the case of an arrest, indictment, information or misdemeanor complaint, a conviction did not result; except that records, arrests, indictment information, or misdemeanor complaints may be reported pending pronouncement of judgment on a particular subject matter of those records.  Thus the status of pending matters for credit reporting is not specifically addressed in 1785.13(A)(6).  This may be interpreted that pending matters cannot be reported in credit type reports.

(3)Massachusetts. The statute was amended effective 5/4/12 to remove this cap and create a no cap statute. Such limitation is pre-empted by the FCRA 625(b)(1)(e).  This amendment is also inconsistent with Massachusetts CORI laws/regulations that allow reporting beyond this provision. 


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