How does the FCRA relate to Texas state laws involving background checks?
I had recently applied for a job and was doing research involving the Texas Business and Commerce Code where it states a CRA cannot report arrests or convictions older than seven years prior to the report date. I contacted the CRA in question about this and the response from them was that they are held only to federal law which supersedes any related state laws
1 Answer from Attorneys
If it is a federal institution, federal laws apply. Moreover, if they conduct the background check themselves, they can go back forever. The 7 year limit only applies to companies whose sole jobs are to investigate and report backgrounds.