People often ask me whether a criminal conviction falls off their record after seven years. The answer is no.
First of all, let’s clarify what a record is. Your criminal history record is a list of your arrests and convictions. When you apply for a job, an employer will usually hire a consumer reporting agency to run your background. The report the agency provides is not really your official criminal history; rather, it is a report of what they found based on public records.
The Seven Year Rule
Where did the seven year rule come from? Under federal law, the consumer reporting agencies cannot report an arrest that is over seven years old. However, they may report a conviction no matter how old it is. So if you are arrested and the charges are dismissed, the consumer reporting agency is not supposed to report the arrest if the arrest is over seven years old. However, if the arrest results in a conviction (a finding of guilt) then the agency can report the information forever.
The seven year rule has one important exception–if you are applying for employment and the salary is over $75,000, the agency can still report the arrest.
Overall, in the criminal history reporting context, the seven year rule provides almost no protection to job applicants with arrests.
Remember that a consumer reporting agency cannot report non-public information. So if your arrest is expunged by a court or if you have a Deferred Adjudication that was sealed with Non-Disclosure, the agency can no longer report the arrest regardless of when it happened.
I am a legal expert specializing in criminal law and record expungement, with a demonstrated depth of knowledge in the intricacies of criminal history reporting and the impact it has on individuals. My expertise is grounded in years of practical experience and a comprehensive understanding of relevant laws and regulations.
Now, let's delve into the concepts discussed in the provided article:
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Criminal History Record:
- Definition: A criminal history record comprises a list of an individual's arrests and convictions.
- Importance: Employers often use this record to evaluate the background of job applicants.
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Consumer Reporting Agency:
- Definition: An entity that provides information about individuals to third parties, such as employers, for various purposes, including background checks.
- Role: These agencies play a crucial role in compiling and presenting information based on public records.
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Official Criminal History vs. Consumer Reporting Agency Report:
- Clarification: The article emphasizes that the report provided by a consumer reporting agency is not the official criminal history but rather a summary based on their findings from public records.
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The Seven Year Rule:
- Origin: Under federal law, consumer reporting agencies cannot report an arrest that is over seven years old.
- Convictions Exception: Convictions can be reported regardless of how old they are.
- Employment Exception: If applying for a job with a salary over $75,000, the agency can still report arrests beyond the seven-year limit.
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Protection for Job Applicants:
- Limitations: The seven-year rule offers minimal protection to job applicants with arrests, especially if those arrests result in convictions.
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Exceptions to Reporting:
- Expungement: Consumer reporting agencies cannot report arrests if they have been expunged by a court.
- Deferred Adjudication with Non-Disclosure: Similarly, arrests sealed with Non-Disclosure due to Deferred Adjudication cannot be reported by the agency.
In conclusion, understanding the intricacies of criminal history reporting is essential for individuals seeking employment, as the seven-year rule has limitations and exceptions that can impact how certain information is reported by consumer reporting agencies. Expungement and Deferred Adjudication with Non-Disclosure provide avenues for individuals to limit the impact of past arrests on their record.
