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Laws & Regulations - Federal

Fair Credit Reporting Act

The following sections of the FCRA are of direct consequence to users who obtain reports on consumers. The Wackenhut Corporation strongly recommends that our clients and their employees familiarize themselves with these sections to ensure compliance.

604  Permissible Purposes of Reports
607  Compliance Procedures
615  Requirement on Users of Consumer Reports
616  Civil Liability for Willful Compliance
617  Civil Liability for Negligent Noncompliance
619  Obtaining Information Under False Pretenses
621  Administrative Enforcement
623  Responsibilities of Furnishers of Information to CRAs

Driver's Privacy Protection Act

Worker's Compensation

American's with Disability Act

Laws & Regulations - State and Local

As states may develop specific laws & regulations regarding hiring and employment practices,  The Wackenhut Corporation encourages its clients to research relevant state labor-related laws to ensure compliance. We have provided a list of helpful information and Website links below, however, we stress that each client consult legal counsel regarding state by state compliance.

California
Records of arrest, indictment, information, misdemeanor complaint, or conviction of a crime that, from the date of disposition, release or parole, shall not 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 of arrest, indictment, information or misdemeanor complaints may be reported pending pronouncement on the particular subject matter of such records. Adverse information that antedates the report by more than seven years is not reportable. Open cases are reportable.

Reference: CA Code §1785.13 (6) and (7)
Enacted prior to 1996

California Investigative Consumer Reporting Agencies Act

Colorado
Records of arrest, indictment, or conviction of a crime that, from the date of disposition, release, or parole, predated the report by more than seven years. Suits and judgments that, from the date of entry, predate the report by more than seven years or by more than the governing statute of limitations, whichever is the longer period. Any other adverse item that predates the report by more than seven years. The employment of an individual at an annual salary that equals or is reasonably expected to equal seventy-five thousand dollars or more.

Reference: CO Rev. Stat. §12-14.3-105.3 (e)
Enacted 1-1-1996

Colorado Consumer Credit Reporting Act

Kansas
Records of arrest, indictment, or conviction of a crime, which, from date of disposition, release or parole, antedate the report by more than seven years. Suits and judgments which, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period. Any other adverse item of information, which antedates the report by more than seven years. The employment of any individual at an annual salary which equals, or which may reasonably be expected to equal twenty thousand dollars ($20,000) or more.

Reference: KS Stat. §50-704
Enacted 1-1-1974

www.dol.ks.gov/WC/html/wcpublications_ALL.html#stats  

Kentucky
No consumer-reporting agency shall maintain any information in its files relating to any charge in a criminal case, in any court of this Commonwealth, unless the charge has resulted in a conviction.

Reference: KY Rev. Stat. §367.310
Enacted 7-15-1980

Consumer Reporting Agency Records Restriction

Maryland
Records of arrest, indictment, or conviction of a crime, which, from date of disposition, release, or parole, antedate the report by more than seven years. Suits and judgments which, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period. Any other adverse item of information, which antedates the report by more than seven years. The employment of any individual at an annual salary which equals, or which may reasonably be expected to equal twenty thousand dollars ($20,000) or more.

Reference: MD Code §14-1203 (5)
Enacted 1976

Miscellaneous Consumer Protection Provisions; Reporting of Obsolete Information Prohibited  

Massachusetts
Records of arrest, indictment, or conviction of a crime, which, from date of disposition, release, or parole, antedate the report by more than seven years. Misdemeanor records for five years. Suits and judgments which, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period. Any other adverse item of information, which antedates the report by more than seven years. The employment of any individual at an annual salary which equals, or which may reasonably be expected to equal twenty thousand dollars ($20,000) or more.
Reference: MA Gen. Laws Ch 93 §52
Enacted 1971

Regulation of Trade and Certain Enterprises: Information Not to be Contained in Report: Exceptions www.mass.gov/legis/laws/mgl/93-52.htm

Michigan
No dismissed misdemeanors shall be reported.

Reference: MI Comp. Laws §37.2205a

www.michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-37-2205a

Montana
Records of arrest, indictment, or conviction of a crime which, from date of disposition, release, or parole, antedate the report by more than seven years. Suits and judgments which, from date of entry, antedate the report by more than 7 years. Any other adverse item of information which antedates the report by more than 7 years.

Reference: MT Code Ann. §31-3-112
Enacted 1975

Credit Transactions and Relationships Related Credit Practices; Consumer Reporting Agencies; Obsolete Information

Nevada
A reporting agency shall not disclose a report of criminal proceedings, or other adverse information, which precedes the report by more than seven years.

Reference: NV Rev. Stat. 598C.150
Enacted 1993

Purging of Information From Files of Reporting Agency; Disclosure of Purged Information

New Hampshire
Records of arrest, indictment, or conviction of a crime which, from the date of disposition, release, or parole, antedate the report by more than seven years. Suits and judgments which, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period. Any other adverse item of information, which antedates the report by more than seven years. The employment of any individual at an annual salary which equals, or which may reasonably be expected to equal twenty thousand dollars ($20,000) or more.

Reference: NH Rev. Code §359-B:5
Enacted 8-29-1971

Trade and Commerce; Consumer Credit Reporting; Obsolete Information

New Mexico
Arrest and indictments pending trial, or conviction of crimes, for not longer than seven years from date of release or parole. Such items shall no longer be reported if at any time it is learned that after a conviction a full pardon has been granted, or after an arrest or indictment a conviction did not result. Open cases are reportable.

Reference: NM Stat. §36-3-6B Enacted 1969

Authority of the Attorney General

New York
Prohibits reporting information relative to an arrest or criminal charges unless there has been a criminal conviction for such offenses, or unless such charges are still pending. Records of conviction of a crime, which, from the date of disposition, release, or parole, antedate the report by more than seven years. Open cases are reportable. Information regarding drug or alcoholic addiction where the last reported incident relating to such addiction antedates the consumer report or investigative consumer report by more than seven years. Any other adverse information which antedates the report by more than seven years. The employment of any individual at an annual salary which equals, or which may reasonably be expected to equal twenty-five thousand dollars.

Reference: NY CRA 25 §380-j
Enacted 1977

Fair Credit Reporting Act; Prohibited Information

Washington
Records of arrest, indictment, or conviction of a crime that, from the date of disposition, release, or parole, antedate the report by more than seven years. Suits and judgments which, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period. Any other adverse item of information, which antedates the report by more than seven years. The employment of any individual at an annual salary which equals, or which may reasonably be expected to equal twenty thousand dollars ($20,000) or more.

Reference: WA Rev. Code §19.182.040
Enacted 1993

Consumer Report; Prohibited information; Exceptions

Government Websites

Federal Trade Commission
Using Consumer Reports: What Employers Need to Know
US Equal Employment Opportunity Commission
US Dept. of Labor - Occupational Safety & Health Admin
Office of Personnel Management
FirstGov: Find all Government Websites

Departments of Labor Sites by State

Alaska Dept. of Labor
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