Consumer complaint received 2020-03-20
Company: Checkr, Inc
State: CO
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Other personal consumer report
Issue: Incorrect information on your report
Sub-issue: Old information reappears or never goes away

Complaint:
On XX/XX/XXXX I received the results of a background check done through Checkr.com for a position at XXXX XXXX. Included on the report was a record from XXXX County dated XX/XX/XXXX for a misdemeanor charge : XXXX XXXX XXXX XXXX XXXX XXXX. Previous background checks that have been performed did not include this record, or gave me an option that stated I was not required to include this record based on its age. I contacted Checkr.com 's support and they respond with an email : " Thank you for contacting Checkr, Inc. regarding your background report. We understand that you have questions as to why certain offense ( s ) show up on your report, given their age. After reviewing your report, we are writing to advise you, that based on your location and reporting guidelines, the information is reportable.

Please understand that if you have had reports run in the past, these reports may look different and include different offenses, depending on when the report was ordered and which company ordered the report. It is the decision of the company you have applied with to determine the scope of the report. If you have any questions about how your report will be considered by the company you applied with, please contact that company directly -- Checkr is not involved in decisions about whether to hire or engage a candidate. 

After you review your report, if there are any errors or inaccuracies, please let us know -- please be specific to help with our reinvestigation, and we are happy to assist. 

I responded with : " I was doing some research on why this item might be included on my background check, and the consumerfinance.gov website makes it seem that this record can not legally be included in my report. 

" In some instances, information may be reported that is out of date or prohibited by law. For example, under the FCRA, an arrest is generally not allowed to be reported when it is older than seven years, or outside the governing statute of limitations.66 " Would you mind citing any rules or regulations that allow this record to be included? I understand that there are exceptions to the 7 year rule, but I can't find anything that would allow a 9 year old misdemeanor to be included. I'm trying to get a better understanding of this record because it has not showed up on other background checks I've had done, or the other companies had an option for me to provide more details about this record, and typically the answer I was prompted to include was something along the lines of " I am not legally obligated to report this record to employers based on how long ago it occurred. '' Thanks for your help! '' Could you please help clarify if this record should be included on my report and if it is, why? This record is 9 years old and I live in Colorado, so all my research has pointed to this not being a valid record to report. 

Thank you for your help.

Company response to consumer: Closed with explanation