Criminal screening reports can return a variety of results depending on an applicant’s history and the data available at the time of screening. To help you quickly understand what each report category means, the table below breaks down the possible criminal screening outcomes, what information may be returned in each case, and a description of the information that is returned.
This reference is designed to make it easier to interpret screening reports at a glance and understand what to expect as you review applicant information in Aptly.
Category | What is Returned | Aptly’s Response |
Felony Convictions | Any type of felony, including conviction date, disposition, and sentencing details | Aptly’s Criminal results return violelnt and non-violent felony convictions committed in the past 7 years.* These records include source, conviction date, disposition (if provided by the source), and offense details.
Aptly Criminal results do not report non-convictions or dismissed records, per guidance from the CFPB. Aptly Criminal Results do not report records older than 7 years***, per the Fair Credit Reporting Act (FCRA) and several “State-FCRAs” that enforce a 7-year statute of limitations on all public records for tenant screening. |
Misdemeanor
convictions
(selected types) | Violent, drugmanufacturing,
theft/burglary,
harassment, or
stalking
offenses | Aptly Criminal Results return misdemeanor records with convictions committed in the past 7 years.* Aptly Criminal Results include the selected types referenced and more, unless the individual record is restricted by state and local laws, is sealed, dismissed, or expunged, or fails to meet standards Aptly Criminal Results follow in compliance with HUD and CFPB guidance.**
Aptly Criminal Results do not report non-convictions or dismissed records, per guidance from the Consumer Financial Protection Bureau (CFPB). Some drug-manufacturing records may be expunged or pardoned, and thus unreportable. Several states have passed Clean Slate laws initiating the automatic expungement of certain drug records. Statutory misdemeanors (such as fish and game licensing and zoning offenses) are not included. |
Pending criminal
cases | Active or
ongoing criminal
charges | Aptly Criminal Results do not report on arrest records, as per the Housing and Urban Development (HUD)’s guidance concerning reporting non-convictions. Several states and local areas (CO and OR, for example) also restrict the reporting of records without a conviction. |
Sex offender
registry status | Tier level and
registration
status | Aptly Criminal Results return sex offender registry records, including lifetime sex offenders. This can include identifying information, an address, and a description of the offense. Tier level and registration status is provided in the “comments” section within the description of the offense (if provided by the source). |
Restrictions or
active orders | Restraining
orders or no-contact
orders | Aptly Criminal Results do not return restraining orders or no contact orders, with the exception of some records that specify within the offense description that a restraining order has been violated. |
Incarceration &
parole/probation
status | Current or
recent release
dates | If provided by the source, Aptly Criminal Results do provide release dates within the description of the offense. |
* State, county, and city regulations may place additional reporting restrictions on criminal records. For example, Cook County, IL’s Just Housing Ordinance prohibits the reporting of criminal records beyond 3 years (sex offender registry records are exempt) for properties within the county’s zip codes. Detroit, MI’s Fair Chance Housing Ordinance limits certain criminal record types and places a 5-year limit on all misdemeanors for properties within the city’s limits. New laws restricting criminal record access are closely monitored, and records are automatically filtered to comply, free of charge.
** Below are some of the relevant Federal and Agency/Bureau Advisory Opinions:
Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. | |
HUD issued guidance as a best practice for the use of
criminal records in tenant screening to exclude arrest records (non-convictions). | |
The CFPB issued an Advisory Opinion that a minimum of two complete data points are used to match applicants to criminal records. Criminal records require the applicants name and full DOB for reporting. Criminal Sources that do not provide a full DOB will not return results. | |
The CFPB issued an Advisory Opinion on procedures to assure maximum possible accuracy. |
***The 7-year rule does not apply to sex offender registry records.