Is it unlawful for a reporting agency to report a criminal record older than 7 years old?

I just got a background check done on me for a job and the agency they used reported a misdemeanor conviction from just over 7 years ago.

Asked on June 19, 2017 under Criminal Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, it is legal: anything which the agency itself legally finds out, which includes any criminal convictions, which are public record unless sealed or expunged, regardless of age, can in turn be lawfully reported by them. They would have gotten the information from public records;havingr obtained it from public records, it may be reported. Criminal convictions do not become unreportable after 7 years.

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