May 15, 2019 / 1:51 PM / 4 months ago

Dismissal of criminal charges does not restart FCRA’s 7-year clock – 9th Circuit

The Fair Credit Reporting Act’s seven-year limit for criminal charges that can be listed on a consumer report starts running when the charges are filed, not when they are dismissed – and the dismissal does not constitute a new “adverse event” that rewinds the seven-year clock, a divided federal appeals court held on Tuesday.

The 9th U.S. Circuit Court of Appeals revived a FCRA lawsuit filed by a California man, Gabriel Moran, who was turned down for rental housing in 2010 after a background check by the Screening Pros of Los Angeles revealed a 2006 misdemeanor conviction and three other criminal charges against him.

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