Which states restrict reporting on convictions?
For most states, convictions can appear on a background report regardless of when they occurred.
However, some states don’t allow reporting of convictions older than seven (7) years, including California, Kansas, Maryland, Massachusetts, Montana, New Mexico, New York, New Hampshire, and Washington.
Which states restrict reporting on non-convictions?
For most states, non-convictions are reportable for seven years from the file date and can appear on a background report for seven (7) years. Checkr must report non-convictions, including dismissals, in most states.
However, some states entirely prevent non-convictions from being reported. These states are California, Kentucky, New York, and New Mexico.
A "non-conviction" could include dismissed cases, not-guilty verdicts, alternative adjudications, and nolle prosequi (formal abandonment of prosecution).
Other State-Specific Laws
Applicants in California:
- Marijuana Misdemeanors: Non-Felony (Misdemeanor) convictions for marijuana possession can only be reported for 2 years from the disposition date, except in certain industries like TNCs (see below).
- Transportation Networks (TNC) or Rideshare Companies: Background checks for TNCs/Rideshare companies can report convictions beyond seven (7) years, regardless of when they occurred. This includes non-felony convictions for marijuana possession.
Applicants in Maryland: Background checks for Transporation Networks (TNC)/Rideshare companies must look back through the "entire adult history" of applicants, including convictions older than seven (7) years.
Applicants in Kentucky: Pending criminal cases are never reportable.