Consumer complaint received 2023-12-18
Company: LEXISNEXIS
State: CA
Product: Credit reporting or other personal consumer reports
Sub-product: Other personal consumer report
Issue: Incorrect information on your report
Sub-issue: Public record information inaccurate

Complaint:
LexisNexis is the company I am writing to you about. I found an issue with my consumer file pertaining to my criminal history. My criminal record is still being reported beyond the 7 year window that is enforced through the FCRA Seven Year Reporting Window. The accuracy of this criminal information is not in question here today in this matter. However the reporting of criminal information exceeds the reporting of the 7 year period. According to 15 U.S. Code 1679c ( a ) - Disclosures, I must dispute this information with the cfpb. Consumer Credit File Rights Under State and Federal Law You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor any credit repair company or credit repair organization has the right to have accurate, current, and verifiable information removed from your credit report. The credit bureau must remove accurate, negative information from your report only if it is over 7 years old. Bankruptcy information can be reported for 10 years.

The seven year limit for reporting criminal charges on background checks begins when the charges are filed, not when theyre dismissed, a federal appeals court recently ruled, In the XXXX XXXX XXXX XXXX XXXX XXXX XXXX ruled XX/XX/XXXX that the measuring period for a criminal charge runs from the date of entry rather than the date of disposition under the ( FCRA ).

In the 12 states ( California being one of those States ) that limits conviction reporting to 7 years, the disposition/conviction date is the date of the adverse activity and should be used to calculate the 7 years. If needed, a CRA can also use the date of release from incarceration or the start date of parole to bring convictions into scope.

15 U.S.C. 1681c ( a ) ( 5 ) states that no consumer reporting agency may make any consumer report containing certain specified items of information or [ a ] ny other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 
California 's Seven-Year Lookback Rule California includes a seven-year restriction on the reporting of convictions within the ICRAA. This law is found at Cal.

CONVICTIONS : Go by disposition date. However, for " seven-year states '' that limit reporting convictions to 7 years from " disposition, release, parole, '' you can go by release date from incarceration or start date of parole, even if the conviction date is older than 7 years. Never consider probation to bring something into scope. 
SEVEN-YEAR STATES : California, Colorado, Kansas, Maryland, Massachusetts, Montana, Nevada, New Hampshire , New Mexico , New York , Texas, and Washington. [ In some of these states, the 7-year reporting restriction for convictions only applies if the applicant does not meet a certain salary threshold. Also note : The District of Columbia limits the reporting of conviction data to 10 years. 
Please Remove or Delete my criminal information from my consumer file. CRAS ARE PROHIBITED BY LAW to report inaccurate information. Pursuant to the FAIR CREDIT REPORTING ACT 15 USC 1681 ( a ) ( 4 ). I am a federally protected consumer and I have a right to privacy. Not granting me my rights is in direct violation of 15 USC 1681 and Notwithstanding any other provision of law or its subsections to this letter ( instrument ). ( This is not a dispute of inaccuracy of any information but a Deletion of accurate criminal information exceeding the 7 year period permitted by Law. )

Company response to consumer: In progress