Fair Credit Reporting Act (FCRA)

§ 613. Public record information for employment purposes [15 U.S.C. § 1681k]

(a) In general. A consumer reporting agency which furnishes a consumer report for
employment purposes and which for that purpose compiles and reports items of
information on consumers which are matters of public record and are likely to have
an adverse effect upon a consumer's ability to obtain employment shall

(1) at the time such public record information is reported to the user of such
consumer report, notify the consumer of the fact that public record information is
being reported by the consumer reporting agency, together with the name and
address of the person to whom such information is being reported; or

(2) maintain strict procedures designed to insure that whenever public record
information which is likely to have an adverse effect on a consumer's ability to
obtain employment is reported it is complete and up to date. For purposes of this
paragraph, items of public record relating to arrests, indictments, convictions,
suits, tax liens, and outstanding judgments shall be considered up to date if the
current public record status of the item at the time of the report is reported.

(b) Exemption for national security investigations. Subsection (a) does not apply in the case
of an agency or department of the United States Government that seeks to obtain and use
a consumer report for employment purposes, if the head of the agency or department
makes a written finding as prescribed under section 604(b)(4)(A).