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Title 15, Commerce and TradeRelease 119-110

§1681k Public Record Information for Employment Purposes

Title 15 › CHAPTER 41 — CONSUMER CREDIT PROTECTION › SUBCHAPTER III — CREDIT REPORTING AGENCIES › § 1681k

Last updated Sep 22, 2026|Official source

Summary

Companies that make background reports for hiring must do one of two things when they include public records that could hurt a person’s chance of getting a job. Either they must tell the person at the same time they send the report that public-record items are included and give the name and address of who got the report, or they must keep strict procedures so those public-record items are complete and current. Examples of public records covered include arrests, indictments, convictions, lawsuits, tax liens, and unpaid judgments; those items are "current" if the report shows their real status at the time it is made. The rule does not apply to a U.S. government agency getting a report for certain security-related hiring if the agency head makes the required written finding.

Full Legal Text

Title 15, §1681k

Commerce and Trade, Source: USLM XML via OLRC

(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 1681b(b)(4)(A) of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1998—Pub. L. 105–347 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 1998 AmendmentAmendment by Pub. L. 105–347 deemed to have same

Effective Date

as

Amendments

made by section 2403 of Pub. L. 104–208, see section 7 of Pub. L. 105–347, set out as a note under section 1681a of this title.

Effective Date

Section effective upon the expiration of one hundred and eighty days following Oct. 26, 1970, see section 504(d) of Pub. L. 90–321, as added by Pub. L. 91–508, set out as a note under section 1681 of this title.

Reference

Citations & Metadata

Citation

15 U.S.C. § 1681k

Title 15, Commerce and Trade

Last Updated

Sep 22, 2026

Release point: 119-110