Overview
Not everything that shows up in a search can be reported. Sure Check follows a strict reporting policy based on federal FCRA rules and state-specific laws. This guide covers what we report, what we never report, and how far back we go.
Key rule: State reporting restrictions are based on where the employer is located, not where the applicant lives. If you as the employer are in California, the 7-year limit applies regardless of where the candidate resides.
What We Never Report
Regardless of how recent or how serious, Sure Check does not report the following:
- Expunged, sealed, or pardoned records
- Dismissed or dropped charges (even if other charges in the same case resulted in a conviction)
- Acquittals (even if other charges in the same case resulted in a conviction)
- Ordinance violations and infractions
- Juvenile records
- Non-criminal traffic records found during criminal searches
- Civil cases where the consumer is the plaintiff (we only report cases where the consumer is the defendant)
Criminal Records — What We Report and How Far Back
| Record Type | General Rule | State Exception | |
| Felony & Misdemeanor Convictions | Report regardless of age | 7-year states (see list below): Only report if within 7 years of the conviction date or incarceration release date, whichever is later | |
| Pending Criminal Charges | Report | Kentucky: Do not report | |
| Deferred Adjudication / Pre-Trial Diversion | Report only if filed within last 7 years and did not end in dismissal or expungement | CA, CO, KY, NY, NM: Never report | |
| Probation Violations / Contempt / FTAs / Parole Violations | Report only if within last 7 years | None | |
| Active Warrants | Report | If issued 7+ years ago, report only that a warrant is pending (not the underlying charges or issuance date) | |
| Sex Offender Registrations | Report | Do not report the underlying conviction unless it has been separately verified and is independently reportable |
Civil and Motor Vehicle Records
- Civil records: Report only if the case is still pending or was resolved against the consumer within the last 7 years.
- Motor vehicle records: Report accidents, violations, and other adverse traffic matters only if within the last 7 years.
7-Year Conviction States
If you are in any of the following states, conviction reporting is limited to 7 years from the conviction date or incarceration release date (whichever is later).
- California
- Colorado
- Kansas
- Maryland
- Massachusetts
- Montana
- New Hampshire
- New Mexico
- New York
- Texas
- Washington
All other states allow conviction reporting with no state-imposed time limit.