How Long Does Negative Credit Data Stay on My Record in California?

Even the worst offense on your credit report, such as a tax lien or bankruptcy, will go away in time. The number of years needed for a negative item to drop off a credit report can depend on where you live. Some states, such as California, amend the Fair Credit Reporting Act to shorten---or lengthen---the time frame credit agencies can report negative data.

Identification

California allows most information to stay on a report according to the requirements of the federal Fair Credit Reporting Act. The only two major caveats are for tax liens, which can stay for the longer of seven years after you settle with the creditor or 10 years after the filing date of the lien; the other is for unpaid tax liens, which stay for 10 years, according to Equifax.

Everything Else

Bankruptcies stay for up to 10 years from the date of the decision of the court. Collections and charge-off accounts, where the creditor declares the debt noncollectable, stay for seven years after the date of the delinquency. Since lenders typically write off a debt when it goes unpaid for 180 days, this usually means collections stick on a report for 7.5 years. Judgments stemming from lawsuits stay for seven years or until the statute of limitations runs---whichever is longer. As of 2011, California has a statue of limitations of four years on all debts, except oral agreements that last for two years.

Considerations

Criminal records can remain on a credit report forever. The consumer credit agencies do not include criminal data on their report or factor it into a credit score, but other consumer reports may contain this data, according to the Privacy Rights Clearinghouse. Positive information stays on a report for 10 years.

Tip

Federal code governing consumer credit reporting of negative information always supersedes California---or any other state's law---except in cases where state law goes beyond the protections granted by federal law. This applies to anything related to consumer credit. Thus, if you ever feel confused about which law to follow, compare the stay and stick with the one that this best for the consumer.