Disclaimer

This is a summary of federal and state reportability scope. FCRA reporting is standard unless state exceptions differs from Federal, and in place prior to the FCRA. This information is based upon industry accepted practices which balance CRA legal reportability with employer usage of information.

CRAs must comply with applicable reporting limitations based on where the address of residence of the data subject.

Employers must adhere to various ban the box limitations, fair chance in hiring, etc. usually based on where the applicant resides or where the position is located. Employers should consult with legal counsel regarding its use of CRA reported information.

This summary is not 100% comprehensive and is intended to provide a brief snapshot of reportability. Reportability of Federal and state limitations may overlap and contradict. In these situations, the FCRA reportability is the default – unless the state enacted legislation prior to the FCRA.

Update:  11/25/2025

This should be used for informational purposes ONLY and should not be construed as legal advice, guidance, or counsel.  No attorney-client relationship is formed by reading or using this document.  Employers should consult independent counsel about their compliance responsibilities tailored to their specific situation under the FCRA and applicable state law.  JDP expressly disclaims any warranties, responsibility or damages associated with the use or reliance on the information provided.  By utilizing this information, you acknowledge and accept that you are solely responsible for any decisions made based on the information provided.

 

A B C D E F G
1
Scope Criteria (CRA Reporting) Based on Disposition Date Most Recent Date of Arrest, Offense, or File Date Based on Disposition Date Most Recent Date of Arrest, Offense, or File Date
2
State Convictions Pending Charges (Including Arrest Only) Deferrals / Diversions – (That are: Active, Pending, Unknown or Revoked)

(Completed see either Conviction or Non-convictions as applicable)

Non-Convictions Notes
3
Federal FCRA No Limit 7 Years 7 Years 7 Years
4
Alabama AL No Limit 7 Years 7 Years 7 Years
5
Alaska AK No Limit 7 Years Not at all Reportable Not at all Reportable
6
Arizona AZ No Limit 7 Years 7 Years 7 Years
7
Arkansas AR No Limit 7 Years Not at all Reportable Not at all Reportable
8
California CA 7 Years 7 Years Pending.
Arrest Only is Not Reportable.
Not at all Reportable Not at all Reportable Marijuana possession related over 2 years should not be used in employment decisions. Note marijuana distribution/intent to sell related is exempt.
9
Colorado CO No Limit 7 Years 7 Years 7 Years
10
Connecticut CT No Limit 7 Years 7 Years 7 Years
11
Delaware DE No Limit 7 Years 7 Years 7 Years
12
District of Columbia DC 10 Years 7 Years 7 Years 7 Years 10-year limit is based on arrest date, date of disposition, or date of release.
13
Florida FL No Limit 7 Years 7 Years 7 Years
14
Georgia GA No Limit 7 Years 7 Years 7 Years Do not report “first offender convictions”
15
Hawaii HI No Limit 7 Years 7 Years 7 Years
16
Idaho ID No Limit 7 Years 7 Years 7 Years
17
Illinois IL No Limit 7 Years 7 Years 7 Years
18
Indiana IN No Limit 7 Years 7 Years 7 Years
19
Iowa IA No Limit 7 Years 7 Years 7 Years
20
Kansas KS 7 Years 7 Years 7 Years 7 Years 7-year limit is based on arrest date, date of disposition, or date of release.
21
Kentucky KY 7 Years Not at all Reportable 7 Years Not at all Reportable
22
Louisiana LA No Limit 7 Years 7 Years 7 Years
23
Maine ME No Limit 7 Years 7 Years 7 Years
24
Maryland MD 7 Years 7 Years 7 Years 7 Years 7-year limit is based on arrest date, date of disposition, or date of release.
25
Massachusetts MA 7 Years 7 Years 7 Years 7 Years 7-year limit is based on arrest date, date of disposition, or date of release.
26
Michigan MI No Limit 7 Years 7 Years 7 Years
27
Minnesota MN No Limit 7 Years 7 Years 7 Years
28
Mississippi MS No Limit 7 Years 7 Years 7 Years
29
Missouri MO No Limit 7 Years 7 Years 7 Years
30
Montana MT 7 Years 7 Years 7 Years 7 Years 7-year limit is based on arrest date, date of disposition, or date of release.
31
Nebraska NE No Limit 7 Years 7 Years Not at all Reportable
32
Nevada NV No Limit 7 Years 7 Years 7 Years
33
New Hampshire NH 7 Years 7 Years 7 Years 7 Years 7-year limit is based on arrest date, date of disposition, or date of release.
34
New Jersey NJ No Limit 7 Years 7 Years 7 Years
35
New Mexico NM 7 Years 7 Years 7 Years Not at all Reportable 7-year limit is based on arrest date, date of disposition, or date of release.
Juvenile Records are not reportable.
36
New York NY 7 Years 7 Years 7 Years Not at all Reportable 7-year limit is based on arrest date, date of disposition, or date of release.
37
North Carolina NC No Limit 7 Years 7 Years 7 Years
38
North Dakota ND No Limit 7 Years 7 Years 7 Years
39
Ohio OH No Limit 7 Years 7 Years 7 Years
40
Oklahoma OK No Limit 7 Years 7 Years 7 Years
41
Oregon OR No Limit 7 Years 7 Years 7 Years
42
Pennsylvania PA No Limit 7 Years 7 Years, Except ARD not reported 7 Years
43
Rhode Island RI No Limit 7 Years 7 Years 7 Years
44
South Carolina SC No Limit 7 Years 7 Years 7 Years
45
South Dakota SD No Limit 7 Years 7 Years 7 Years
46
Tennessee TN No Limit 7 Years 7 Years 7 Years
47
Texas TX No Limit 7 Years 7 Years 7 Years
48
Utah UT No Limit 7 Years 7 Years 7 Years
49
Vermont VT No Limit 7 Years 7 Years 7 Years
50
Virginia VA No Limit 7 Years 7 Years 7 Years
51
Washington WA 7 Years 7 Years 7 Years 7 Years 7-year limit is based on arrest date, date of disposition, or date of release.
52
West Virginia WV No Limit 7 Years 7 Years 7 Years
53
Wisconsin WI No Limit 7 Years 7 Years 7 Years
54
Wyoming WY No Limit 7 Years 7 Years 7 Years