Reply To: Federal judge holds Colorado registry is punishment; violates Eighth Amendment


Chris F

Jeremy, I’m confused. What will your argument be for how a company using the Sex Offender Registry to deny employment violates the FCRA?

Companies that don’t use a consumer reporting agency aren’t limited to what they use and FCRA says a CRA generally may not report records of arrests that did not result in entry of a judgment of conviction, where the arrests occurred more than seven years ago. I don’t see where FCRA limits or sets a time table on reporting that someone is on the registry.

I believe there may be an argument for an “Equal Protection” constitutional violation against the registry though. Any other criminal has his arrest hidden after 7 years if he wasn’t convicted and received deferred adjudication. A Sex Offender has his crime stated on the registry, and thus the background checks, long after being off parole/probation and sometimes for life. This would be a great case to quote the Justice’s majority opinion in Packingham, where they mention “Of importance, the TROUBLING fact that the law imposes severe restrictions on persons who already have served their sentence and are no longer subject to the supervision of the criminal justice system is also not an issue before the Court”.