DEFINITIONS
This Latin term means "will not prosecute" and appears as "Nol Prossed" on a KRESS report.
What is Nolle Prosequi?
Guilty — the result of a criminal trial that ends in a judgment that the accused is guilty as charged.
What is a Conviction?
Before an employer can take final adverse action, they must send this along with a copy of the background report.
What is a Pre-Adverse Action Notice?
A client asks "what does Nol Prossed mean?" You say: "The prosecutor _____ the charges."
What is dropped?
TRUE or FALSE — Ban-the-Box laws ban background checks entirely.
What is FALSE? (They regulate WHEN in the process criminal history can be asked about)
The umbrella term for the court's final determination of a criminal case — could be guilty, dismissed, or anything in between.
What is Disposition?
Nol Prossed — the prosecutor dropped the charges.
What is a Non-Conviction?
After sending a Pre-Adverse Action Notice, the employer must wait this many days (federal minimum) before making a final decision.
What is 5 days? (Note: varies by state — some require more)
A client asks if Deferred Adjudication on a Texas report means the applicant was convicted. Your answer is this one word.
What is No?
TRUE or FALSE — A Nolle Prossed charge is a type of non-conviction.
What is TRUE?
This regulation requires employers to remove criminal history questions from the initial job application.
What is Ban-the-Box?
Deferred Adjudication — the judge deferred a finding of guilt after a guilty plea, pending completion of community supervision.
What is a Non-Conviction?
On a Deferred Adjudication case, if the defendant successfully completes all supervision conditions, this is what happens to the charges
What is they are dismissed — with no conviction recorded?
A client asks if they can use a dismissed charge to deny employment. You always direct them here.
What is their legal counsel?
TRUE or FALSE — Dismissal With Prejudice means the case can be refiled.
What is FALSE? (With Prejudice = permanently closed. Without Prejudice = can be refiled)
This type of dismissal means the case is permanently closed and cannot be brought again.
What is Dismissal With Prejudice?
Dismissal Without Prejudice — the case was dropped but could potentially be refiled.
What is a Non-Conviction?
In California, if a charge was dismissed, this is what a CRA like KRESS must do with that record.
What is not report it? (California prohibits CRAs from reporting dismissed charges)
A client in New Jersey asks why a dismissed charge from 3 years ago is not on the report. This is the reason.
What is New Jersey law prohibits CRAs from reporting dismissed records?
TRUE or FALSE — Under FCRA, the $75,000 salary exception means non-conviction records can be reported beyond 7 years for higher-paying jobs
What is TRUE? (Unless state law prohibits it — state law always prevails when more restrictive)
In background screening, this is the process of applying an employer's criteria to the results of a background check — resulting in "meets" or "does not meet requirements."
What is Adjudication?
Nolo Contendere — the defendant pleads "no contest" and the court finds them guilty.
What is a Conviction?
Under the FCRA, dismissed records are generally reportable for this many years — unless state law is more restrictive.
What is 7 years?
A client says "The disposition is blank — does that mean the person is clean?" This is what you tell them.
What is no — it likely means the case is still open or pending and no final disposition has been entered?
TRUE or FALSE — Massachusetts applies the 7-year CRA lookback to ALL records regardless of salary, making it stricter than federal FCRA.
What is TRUE? (Massachusetts has no $75K salary exception)