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  1. #1
    Join Date
    Sep 2012
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    2

    Default California Background Check With a Conviction Older Than 7 Years

    My question involves labor and employment law for the state of: California.

    I am about to undergo a background check being executed by a third party for a normal large company, and I have two questions.

    First, according to the ICRAA, criminal convictions cannon be disclossed on an ICR after seven years. Does anyone have experience where an old conviction was left off of background check, meaning that you passed the background check?

    My second question deals with my unique circumstance. I have a conviction in New York on 6/2005, which is older than 7 years. I lived in NY until 12/2005, meaning I have to put down the address on the form. Does anyone have any experience in getting a background check where the older than sevon year conviction was out of state? Did you pass the background check when you were a California resident?

    I appreciate the calls to be honest, but I would like to know how the ICRAA applies in real life. Any prompt response is greatly appreciated, as I need to fill this out soon.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,930

    Default Re: California Background Check With a Conviction Older Than 7 Years

    Some people have managed to avoid having their convictions picked up in background checks, others have had convictions that were not even theirs show up due to name similarities. None of that is relevant to what will happen in your situation.

    Not all criminal background checks take the form of an investigative credit report, such that the seven year limit applies. Depending upon what your prospective employer does, and how diligent it (or its investigator) is in pulling together a background check, nobody here can promise that your out-of-state conviction won't be detected.

  3. #3
    Join Date
    Sep 2012
    Posts
    2

    Default Re: California Background Check With a Conviction Older Than 7 Years

    The check is through a normal CRA, LexisNexis. It does not involve fingerprints.

    I am curious to see if the 7 year rule really works. Does anyone have experience with LexisNexis in CA where an old conviction was not reported?

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