R. Kemp v. Accurate Background LLC

STATUS: Active

UPDATED: December 29, 2022

R. Kemp v. Accurate Background LLC is a California state court case dealing with the issue of whether a consumer credit reporting company is prohibited from disclosing a criminal conviction to a prospective employer if it has been more than seven years since the “date of…parole,” as defined in the California Investigative Consumer Reporting Agencies Act (ICRAA) and the California Consumer Credit Reporting Agencies Act (CCRAA). In the case, the plaintiff, R. Kemp, has argued that the reporting company, Accurate Background, violated the ICRAA and CCRAA when it disclosed his criminal conviction to Amazon.com, which had offered him a job but withdrew the offer after learning of his criminal background. The trial ruled partly in favor of Kemp, finding that the ICRAA and CCRAA prohibit the disclosure of a conviction that predates a report by more than seven years “from the date of…parole,” which refers to the start date of the parole period. In December of 2022, the California Court of Appeal upheld the trial court ruling, rejecting Accurate’s argument that “parole” refers to the end of the parole period, while also reversing the trial court’s finding that the ICRAA was preempted by federal law.

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