Each State has the ability to draft and enforce legislation regarding Consumer Reports. In some instances, the legislation at the state level supercedes the federal FCRA. While we cannot list all of the various state laws, you can find some highlights in the following information. We highly recommend you consult with your labor counsel before beginning any new background program to ensure you comply fully with all state laws.

Washington, New Hampshire, Oregon, and Maryland do not allow Consumer Reporting Agencies to report any adverse information, including criminal convictions, that antedates the report by 7 years (10 years for bankruptcies) unless the applicant/employee will be making over $75,000 per year.

California, Illinois, Hawaii and Nevada prohibit employers from making an employment decision based on a criminal case that does not have a clear disposition.

In California, the Notice of Intent to Procure Consumer Report must not only notify the applicant that you intend to procure a consumer report, but must also state on the Notice the full nature and scope of the investigation.

In California and Minnesota, the Notice of Intent must be given to the applicant prior to ordering the consumer report, not within three days as specified by the FCRA.

In California, Minnesota and Oklahoma, if you are procuring a consumer report, your authorization form must include a "yes/no" check box for the applicant to indicate that they would like a free copy of their report.