Legal Question in Employment Law in Texas

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

Asked on 7/26/13, 3:38 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

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.

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Answered on 7/31/13, 2:14 pm

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