I told my employer about my criminal history and they ran a background check and didn’t hire me, is that legal?

Under the FCRA, it is legal for employers to use criminal background information to make employment decisions, though there are some important exceptions to keep in mind. First, consumer reporting agencies can only report to employers two categories of criminal information:

(1) convictions, and
(2) non-convictions which are not older than seven years.

Non-convictions which are older than seven years should not be included on your background report. Second, the laws of numerous states provide stronger protections than the federal law in this area. You can look up the law of your state here: http://www.nolo.com/legal-encyclopedia/state-laws-use-arrests-convictions-employment.html. Third, if an employer is going to use information learned from a background report to deny you employment, it needs to give you notice in advance, and as well as a copy of the report.

My Employer Broke the Rules of the Fair Credit Reporting Act

If you believe that your employer or potential employer has taken action against you without following these rules, please contact us for a free evaluation of your case.

Background Check Issues?


Our attorneys will evaluate your background report for free. We’ll gather the details and discuss your options.

Click here to begin.

Berger & Montague is recognized as a top law firm by their clients and industry peers.