May
17
2019
As an advocate and strategic partner for our clients, DDS does everything possible to fight for your rights to obtain relevant information in the pursuit of making an informed hiring decision and other employment choices. Although we have our own thoughts about the scope of information you should be able to receive, review and make determinations on, our goal is to protect you by ensuring that you only receive compliant information on each report.
The following is the latest decision coming out of the Ninth Circuit Court of Appeals concerning the timeframe of Criminal Record reporting. There was more than one issue decided on, but DDS already observes what those decisions represent.
We won’t bore you with all the legal details of this latest decision, but instead will give you a short summary that we will follow, and in turn, the change of information that we will make available to you.
The decision holding that under the Fair Credit Reporting Act's rule prohibiting consumer reporting agencies (DDS) from reporting any "record of arrest" older than seven years, the measuring period for a criminal charge runs from the “date of entry” (arrest or file date) rather than the “date of disposition”.