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On the job application they only ask if I was ever arrested for a felony. I didn't, but I have a couple of misdemeanors. When they do their criminal background search, do they look for those misdemean
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posted at 8/26/2009 11:20 AM EDT
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Posts: 2
First: 8/26/2009 Last: 8/26/2009 |
On the job application they only ask if I was ever arrested for a felony. I didn't, but I have a couple of misdemeanors. When they do their criminal background search, do they look for those misdemeanors or just felonies? Thank you. |
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posted at 8/26/2009 11:31 AM EDT
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Posts: 3870
First: 2/12/2002 Last: 11/2/2009 |
It's unusual to be asked about being arrested for felonies and a questionable practice at best. It's convictions that are relevant, not arrests.
As for misdemeanors, arrest/conviction for those are usually not researched. Unless your applying for a position with special features such as a security clearance I wouldn't worry about any misdemeanor convictions - and especially any over 7 years ago. |
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posted at 8/26/2009 11:42 AM EDT
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
Are you certain they asked for arrests and not convictions? While as Nork says the question of arrests only can be problematic there are industries that do this (I question their claim they have a legal right to do so).
If they did not ask about misdemeanors then your not disclosing them should not cause you problems. However, again, I have seen many companies ask for convictions of misdemeanors from applicants. With all of that said the company you applied to must provide you with copies of documents describing your rights under the Fair Credit Reporting Act, which governs their use of 3rd party checks into your background. In some states you must be given a copy of the results regardless of the outcome; federal law requires you be provided with the results if they are adverse and used in declining your application. Don Herrmann |
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posted at 8/26/2009 11:58 AM EDT
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Posts: 2
First: 8/26/2009 Last: 8/26/2009 |
Thank you. It's probably conviction, but they only ask for about felony, and not misdemeanors. They interviewed me on August 10th (HR Director & IT Director). On August 14th they requested that I provide references from my previous managers which I did. I had a 2nd interview with the CFO on Friday August 21th. Do you think they have already did their background search? and since they ask for felonies only, my previous misdemeanors would they pose problems. I might be repeating myself, but I just want to be somewhat clear.Thanks again. |
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posted at 8/26/2009 12:07 PM EDT
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
Okay, here is where I get very cautious. For starters we cannot state with any real conviction what this company will do with your background check or if they discover misdemeanor convictions. Your confusion over the wording doesn't help us give you a clear answer. We are not attorneys nor can we give legal advice (except for you Dave); what we can do is give you the benefit of our experiences as they relate to similar situations.
If they are using a 3rd party Background Company you should have signed a release for such and also given a copy of your rights under the FCRA. It is not uncommon for these to be run later in the process, even post hire. I don't think anyone here can directly answer your question beyond what we already have. Don Herrmann |
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