Our background check company’s report included a very old felony conviction; can I consider this conviction in making my hiring decision?

The federal Fair Credit Reporting Act (FCRA) and the California Investigative Consumer Reporting Agencies Act (ICRAA) both restrict what background check companies (referred to in the statutes as “investigative consumer reporting agencies”) and prospective employers can and must do with regards to information on individuals who are applying for jobs.

The ICRAA imposes numerous disclosure and procedural requirements on both employers and investigative consumer reporting agencies, and it limits the type of information the investigative consumer reporting agency can provide to the prospective employer.

With regards to records of arrest, indictment or conviction of a crime, the investigative