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Become a Background Screening Client

Records Reporting - State Salary Exceptions

Kroll generally searches court record information as far back as the court record(s) exists. However, some states have reporting requirements that prohibit Consumer Reporting Agencies (CRA's) from reporting court records that predate the report by more than seven (7) years. Some of these states provide an exception that enables CRA's to legally report court record information as far back as they are kept on file if the subject's salary is above a state-specified level.

In order to comply with such state reporting laws, Kroll requests some salary information. Kroll will not inquire as to the employee/applicants' actual salary. Instead, we simply need to know whether the employee/applicatns' salary will be above the salary exception so that we may report to our clients what is required by state law. Marking "Unknown", in the salary demographics checkbox, when requesting a background search means that your search in CA, CO, KS, MA, MT, NV, NH, NM, NY or WA will automatically be limited to a seven (7) year search.

The chart below lists the states that limit reporting of criminal convictions to 7 years, as well as the minimum salary level exceptions. Please Note: "No Exception" means that no salary exception exists in that state that would allow a CRA to report beyond the 7 year limitation. The citations listed under the "Codes" section correspond to the actual state statues that set forth these requirements.

State

Minimum Salary

Codes

California

No Exceptions

Cal. Civ. Code §1785.13

Colorado

$75,000

C.R.S. 14.3-105.3

Kansas

$20,000

K.S.A. §50-704

Massachusetts

$20,000

ALM GL ch.93 §52

Montana

No Exceptions

MCA 31-3-112

Nevada

No Exceptions

NRS §598C.150

New Hampshire

$20,000

RSA 359-B:5

New Mexico

No Exceptions

N.M. Stat. Ann. §56-3-6

New York

$25,000

NY CLS Gen Bus §380-j

Washington

$20,000

Rev. Code Wash. §19.182.040


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