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Understanding SmartMove: How Far Back Do Checks Go?
How far back does SmartMove check records is a critical question for real estate brokers and property managers navigating the complexities of tenant screening. As licensed professionals, ensuring compliance while maintaining efficient operations is a constant balancing act. The process of evaluating prospective tenants involves delving into their past – credit history, criminal records, evictions, and previous rental performance. For busy real estate brokerages, this process can be time-consuming and fraught with potential pitfalls if not handled correctly, creating a significant operational pain point. Understanding the specifics of screening tools like TransUnion\’s SmartMove is essential for informed decision-making and maintaining regulatory compliance. This knowledge empowers brokers to set clear expectations with landlords and applicants, mitigate risks, and ultimately, streamline the path to placing qualified tenants, a process that can be significantly enhanced by leveraging modern transaction coordinator tools and automation.
The Scope of a SmartMove Background Check
TransUnion SmartMove is a popular online tenant screening service designed for landlords and real estate professionals. It provides a range of reports, including credit reports, criminal history reports, eviction reports, and previous address history. The depth and timeframe of the information provided depend on the type of record being checked and the reporting practices of the data sources. Unlike a static report, the data SmartMove accesses is dynamically pulled from various databases, each with its own rules and retention policies, which are also governed by federal and state laws like the Fair Credit Reporting Act (FCRA).
For real estate brokerages managing property rentals, understanding these timeframes is crucial for compliance and making fair, non-discriminatory decisions based on relevant history. Relying on inaccurate or outdated information can lead to legal challenges. Integrating screening workflows into your smart back office systems, perhaps supported by AI transaction coordinators or virtual assistants for real estate, ensures that screening policies align with legal requirements and the capabilities of your tools like SmartMove.
Credit History: What SmartMove Reports
When considering how far back does SmartMove check credit history, the answer is typically limited by the FCRA. The Fair Credit Reporting Act dictates how long most negative information can remain on a consumer credit report. Generally, negative items like late payments, collections, charge-offs, and even Chapter 7 bankruptcies can stay on a credit report for up to 7 years. Chapter 13 bankruptcies can remain for up to 7 years (sometimes 10, depending on reporting). Accounts that were closed in good standing usually remain for up to 10 years from the date of closure. SmartMove pulls data directly from TransUnion, a major credit bureau, so its credit report will reflect these standard reporting timeframes.
This 7-year window for most adverse items is standard across the credit reporting industry. However, there are exceptions. Certain types of information, such as criminal convictions (not dismissed or expunged), can be reported indefinitely. Life insurance applications over a certain value and credit transactions over a certain value may also have longer reporting periods for negative information, though these are less relevant for standard tenant screening. For real estate brokers, advising clients on how to interpret credit reports within this timeframe and ensuring their screening criteria are reasonable and consistent is a key aspect of real estate broker compliance. Tools offering agent-broker compliance monitoring can help ensure that screening processes are applied uniformly and legally.
Criminal Background Checks: The Timeframe Varies
The complexity increases significantly when you ask how far back does SmartMove check criminal records. Unlike credit history, there isn\’t a single federal rule limiting how far back criminal conviction information can be reported for most purposes, including tenant screening. However, state and local laws often impose limitations. Some states have a 7-year reporting limit for non-conviction information (like arrests that didn’t lead to a conviction), while others may limit how far back certain minor convictions can be reported. Major convictions, felonies, and registered sex offender status typically have no time limit under state law and can be reported indefinitely.
SmartMove searches various databases for criminal records, which can include state and county court records, correctional facility records, and the national sex offender registry. The completeness and timeliness of these databases vary by jurisdiction. Therefore, while SmartMove aims to provide a comprehensive view, the exact lookback period and the information available can depend heavily on the location and the type of crime. Brokerages must be aware of the specific laws in their state regarding the use of criminal history in housing decisions. Developing clear, written screening policies that comply with federal fair housing laws and state-specific rules is crucial for robust real estate broker compliance. Integrating compliance checks into your workflow automation tools can help standardize this process.
Understanding State Laws on Criminal History
It is paramount for real estate professionals to understand that using criminal history for screening must comply with the Fair Housing Act and guidance from the Department of Housing and Urban Development (HUD). Policies that automatically reject applicants based on any criminal record, regardless of the nature, severity, or recency of the offense, or without considering mitigating circumstances, can have a disparate impact based on race or national origin and may violate the Fair Housing Act. HUD guidance suggests that policies should consider:
- The nature and severity of the crime.
- The time elapsed since the criminal conduct occurred.
- The nature of the proposed tenancy.
Some states or cities have “ban the box” laws or other restrictions on using criminal history in housing decisions. Real estate brokers and their staff, including transaction coordinators and virtual assistants involved in screening, must be trained on these regulations. Using a platform like ReBillion.ai, which offers compliance-focused tools, can help ensure that screening practices are consistent with fair housing laws and local regulations.
Eviction History: Standard Reporting Periods
Regarding how far back does SmartMove check for eviction records, the standard reporting period is typically 7 years. This is similar to the timeframe for most negative items on a credit report and is often governed by state laws and the FCRA. Eviction filings, judgments, and failures to pay rent that resulted in an eviction action are reported by courts and collection agencies. SmartMove accesses national and state eviction databases, which consolidate this information.
An eviction record within the last 7 years is generally considered a significant red flag for landlords due to the costs and legal complexities involved in the eviction process. However, just like with criminal history, brokerages should have clear, consistent policies on how eviction history is evaluated. Understanding the context of an eviction (e.g., was it recent? were there extenuating circumstances?) can be important, although the data provided by a standard report like SmartMove may not always include this nuance. Standardizing the review process for eviction reports is vital for fair screening and operational efficiency, a task that AI transaction coordinators can assist with by flagging records requiring review according to predefined brokerage policies.
Address History: Establishing Residency
SmartMove also provides an address history report, often based on credit file data and other sources. This report helps verify the applicant’s residency history and can be used to cross-reference addresses provided on the application with addresses associated with their credit or other records. There is no strict time limit on how far back address history can go; it often reflects addresses associated with the applicant’s credit activity or reported by data furnishers over many years. This information is primarily used for identity verification and fraud prevention during the screening process.
Why Understanding Screening Depth Matters for Brokerages
For real estate brokerages, a thorough understanding of how far back tenant screening tools like SmartMove check records is more than just technical knowledge – it’s fundamental to operational excellence and legal protection. Incorrect assumptions about lookback periods can lead to inconsistent screening, potential fair housing violations, and poor tenant placement decisions that cost time and money in the long run. Implementing effective real estate automation and using specialized transaction coordinator tools can significantly enhance the screening process, ensuring that checks are run correctly and results are interpreted consistently according to compliance guidelines.
Integrating screening workflows into a brokerage’s broader operations, from initial lead capture in a Smart CRM to managing the final lease agreement, requires robust back-office support. This is where solutions like ReBillion.ai become invaluable. By automating parts of the screening process, providing templates for compliance documentation, and offering human-assisted services like virtual assistants for real estate brokers, brokerages can reduce the administrative burden on agents and internal staff, allowing them to focus on revenue-generating activities. A well-managed screening process, informed by a clear understanding of tool capabilities such as how far back does SmartMove check different records, contributes directly to reduced vacancy rates, lower eviction risks, and increased client satisfaction.
Actionable Tips for Brokers and Admins
- Develop Clear, Written Screening Policies: Based on federal, state, and local laws, including Fair Housing Act guidance on using criminal history and eviction records. Clearly define criteria, including how far back you will look (within legal limits).
- Train Your Team Consistently: Ensure all staff involved in tenant screening, from agents to AI transaction coordinators and administrative assistants, understand the screening policy, the capabilities and limitations of tools like SmartMove, and compliance requirements.
- Integrate Screening into Your Workflow: Use workflow automation tools or a comprehensive platform like ReBillion.ai to standardize the screening request and review process. This reduces manual errors and ensures no steps are missed.
- Verify Information and Consider Context: While tools provide data, train your team to verify information where possible and understand when context might be needed (e.g., for older criminal records). Consult legal counsel if unsure.
- Leverage Technology for Efficiency: Explore how virtual assistants for real estate or AI tools can help manage the administrative tasks associated with screening, such as ordering reports, collecting documentation, and initial data review, freeing up your team for more complex tasks.
Why It Matters to Your Brokerage’s Bottom Line
Efficient and compliant tenant screening directly impacts your brokerage’s financial health and reputation. Poor screening leads to problematic tenants, costly evictions, property damage, and loss of revenue for your clients (landlords). These issues strain relationships and consume significant administrative resources that could be better spent on growth. By implementing best practices informed by a clear understanding of tools like SmartMove and supported by technology, brokerages can minimize these risks.
Moreover, demonstrating a commitment to fair and compliant screening practices protects your brokerage from potential lawsuits and regulatory fines. It builds trust with property owner clients and ensures a more stable, predictable rental portfolio. Investing in training, clear policies, and efficient processes—perhaps through real estate automation and specialized support services—pays dividends in reduced overhead, improved tenant retention, and a stronger brand reputation in the market.
Key Points
Understanding how far back does SmartMove check is vital for compliant tenant screening. SmartMove typically checks credit history for 7 years, evictions for 7 years, and criminal convictions often indefinitely (subject to state/local laws and fair housing guidance). Non-conviction criminal data may have shorter limits. Brokerages must combine tool knowledge with compliant policies and efficient workflows for effective risk management.
FAQs
Does SmartMove report on every eviction filing?
SmartMove accesses eviction databases that consolidate records from many courts, but not all. Coverage can vary by location. It primarily reports on formal court-ordered evictions or filings.
How far back does SmartMove check for arrests that didn’t lead to conviction?
Reporting of non-conviction data like arrests often has limitations, frequently around 7 years, and is subject to state laws and FCRA restrictions for employment/housing purposes.
Can a landlord reject an applicant based on an old criminal record?
Automatic rejection based on any criminal record can violate Fair Housing laws. Landlords must consider the nature, severity, and recency of the offense, guided by HUD recommendations.
Is the lookback period the same for all states using SmartMove?
While SmartMove accesses national databases, state and local laws can impose stricter limits on the reporting and use of criminal and eviction history, affecting the effective lookback period.
Does SmartMove verify previous rental history beyond eviction records?
SmartMove primarily reports formal eviction actions. Verifying positive rental history typically requires contacting previous landlords, a task that can be managed efficiently with good transaction coordinator tools or virtual assistant support.
Resources from ReBillion.ai
- Explore AI-Powered Solutions for Brokerages
- Read More on Real Estate Operations & Tech
- Learn About AI Transaction Coordinators
- Discover AI Virtual Assistants for Brokerages
- ReBillion.ai Homepage
Conclusion
Understanding the nuances of tenant screening tools, specifically how far back does SmartMove check various records, is fundamental for real estate brokers operating rental property divisions. This knowledge, combined with legally compliant policies and efficient operational workflows, is key to successful tenant placement and risk mitigation. By standardizing your screening process and leveraging technology, brokerages can navigate the complexities of background checks effectively, ensuring fairness, compliance, and efficiency. This is where modern solutions designed for the unique needs of real estate professionals can make a significant difference.
ReBillion.ai helps real estate brokers streamline operations with AI-powered transaction coordination, virtual assistants, and intelligent back-office automation. Whether you’re scaling your team or closing more deals, ReBillion.ai is built to simplify your brokerage’s compliance, efficiency, and growth. Visit ReBillion.ai to explore solutions or schedule a consultation.