The following is a table of common dispositions you might see on a report. Sample dispositions are provided for educational purposes only and should NOT be construed as legal advice, guidance or counsel. Employers should consult their own counsel about their compliance responsibilities under the FCRA and applicable state law. Checkr, Inc., expressly disclaims any warranties or responsibility or damages associated with or arising out of information provided.
A disposition is the final resolution of a criminal case - conviction (e.g., guilty) or non-conviction (e.g., dismissal, not guilty).
Dispositions generally fall into two categories - convictions and non-convictions. Nevertheless, the number of dispositions that fall into each category are vast, and sometimes a disposition can start as a non-conviction, but later change to a conviction (e.g., deferred adjudication). In other words, dispositions are not always as simple as “guilty” or “not guilty.”
- When reviewing pending cases, they should be treated like any other criminal record - conduct an individualized assessment and determine the ‘nature-time-nature’ of the case and consider that there has been no finding of guilt.
- At the federal level, you as an employer can consider cases that are over 7 years old. However, credit report agencies (CRAs), such as Checkr, cannot report cases that are non-convictions that are over 7 years old.
- In some states (e.g. NY, CA), there are certain offenses that may not be considered by the employer. Consult with legal counsel as needed.
- Best practices:
- It is recommended that organizations consult with their legal counsel to develop their own internal ‘disposition glossary’.