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
|
|