Legal Question in Criminal Law in California
California criminal conviction reporting limitations
According to California civil code 1786.18 ''A consumer reporting agency shall not report records of arrest, indictment, information, misdemeanor compliant, or conviction of a crime that, from the date of disposition, release, or parole antedate the report by more than 7 years''. If a consumer is convicted and has a dispo date of 1/2003, and is placed on 4 yrs. of probation, which date must a consumer reporting agency use as the start of the 7 yr. period? The dispo date of 2003, or the date the person would be released from probation, 2007? In the law does the word 'release' apply to release from probation or just release from jail/prison?
1 Answer from Attorneys
Re: California criminal conviction reporting limitations
Probably release from probation. However, you should dispute the report 7 years afer disposition. The CRA will probably remove it, as the court file will probably be in archives and the CRA will not pay to have it pulled.