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  1. #1
    Join Date
    Oct 2007
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    Default Do You Have To Disclose Convictions Over 7 Years Old on a Job Application

    In California, by law a third-party background check company can only report convictions up to 7 years ago, correct? So I can omit disclosing a misdemeanor from 17 years ago? Thanks.

  2. #2
    Join Date
    Jan 2006
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    Default Re: California job application, do I have to disclose convictions over 7 years old?

    Do you believe a prospective employer is not entitled to your entire criminal history?

    Good way to get fired.

    If an employer asks you if youhave EVER been convicted, etc. and you lie in your answer, you are still lying, regardless of how long ago it was.

    btw: most states allow an employer to view your records directly from the state under certain circumstances.

    curious as to the law you speak of. Mind posting the statute number here?

  3. #3
    Join Date
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    Default Re: California job application, do I have to disclose convictions over 7 years old?

    My summary does not show any CA law limiting how far an employer may look back. So I'd be interested in seeing this supposed statute as well.

  4. #4
    Join Date
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    Default Re: California job application, do I have to disclose convictions over 7 years old?

    Here's the law I was referring to:

    California Civil Code Section 1786.18

    (a) Except as authorized under subdivision (b), an investigative consumer reporting agency may not make or furnish any investigative consumer report containing any of the following items of information:

    (1) Bankruptcies that, from the date of adjudication, antedate the report by more than 10 years.

    (2) Suits that, from the date of filing, and satisfied judgments that, from the date of entry, antedate the report by more than seven years.

    (3) Unsatisfied judgments that, from the date of entry, antedate the report by more than seven years.

    (4) Unlawful detainer actions where the defendant was the prevailing party or where the action is resolved by settlement agreement.

    (5) Paid tax liens that, from the date of payment, antedate the report by more than seven years.

    (6) Accounts placed for collection or charged to profit and loss that antedate the report by more than seven years.

    (7) Records of arrest, indictment, information, misdemeanor complaint, or conviction of a crime that, from the date of disposition, release, or parole, antedate the report by more than seven years. These items of information shall no longer be reported if at any time it is learned that, in the case of a conviction, a full pardon has been granted or, in the case of an arrest, indictment, information, or misdemeanor complaint, a conviction did not result; except that records of arrest, indictment, information, or misdemeanor complaints may be reported pending pronouncement of judgment on the particular subject matter of those records.

    (8) Any other adverse information that antedates the report by more than seven years.

    (b) The provisions of subdivision (a) are not applicable in either of the following circumstances:

    (1) If the investigative consumer report is to be used in the underwriting of life insurance involving, or that may reasonably be expected to involve, an amount of two hundred fifty thousand dollars ($250,000) or more.

    (2) If the investigative consumer report is to be used by an employer who is explicitly required by a governmental regulatory agency to check for records that are prohibited by subdivision (a) when the employer is reviewing a consumer's qualification for employment.

    (c) Except as otherwise provided in Section 1786.28, an investigative consumer reporting agency shall not furnish an investigative consumer report that includes information that is a matter of public record and that relates to an arrest, indictment, conviction, civil judicial action, tax lien, or outstanding judgment, unless the agency has verified the accuracy of the information during the 30-day period ending on the date on which the report is furnished.

    (d) An investigative consumer reporting agency shall not prepare or furnish an investigative consumer report on a consumer that contains information that is adverse to the interest of the consumer and that is obtained through a personal interview with a neighbor, friend, or associate of the consumer or with another person with whom the consumer is acquainted or who has knowledge of the item of information, unless either (1) the investigative consumer reporting agency has followed reasonable procedures to obtain confirmation of the information, from an additional source that has independent and direct knowledge of the information, or (2) the person interviewed is the best possible source of the information.

  5. #5
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    Default Re: California job application, do I have to disclose convictions over 7 years old?

    Ca. -- Employers may not ask applicants to disclose info about arrests that didn't result in a conviction or info concerning a referral to & participation in a pretrial or posttrial diversion program. They're also prohibited from seeking or utilizing arrest records that didn't result in conviction as a factor in determining conditions of employment such as hiring, promotion, or termination. Nor can employers inquire into any marijuana related convictions more than 2 yrs. after the date of the conviction. Those provisions don't prevent employers from asking about arrests for which an employee or applicant is out on bail or on his own recognizance pending trial. Persons seeking jobs as peace officers, physicians, & with law enforcement agencies with access to criminal offender record info, or positions with the Div. of Law Enforcement of the Ca. Dept. of Justice aren't protected by the provisions. There are also exceptions for certain health facilities. Banks & credit unions may deliver fingerprints taken of applicants to local, state, or fed. law enforcement agencies to find out if an applicant has ever been convicted of a crime or is out on bail pending trial. The Ca. Dept. of Justice must & a local law enforcement agcy. may, give the bank or credit union a summary of the criminal hx info for the applicant when a written request is made. No requests can be submitted w/o the applicant's written consent. It's a misdemeanor to require employees to obtain a copy of their criminal record or a notification that such a record exists. There is no restriction on asking applicants about convictions on the application***.

    There are also other ways to get a criminal background check than just by a consumer reporting agency.

    Whatever the question on the application asks, you need to answer truthfully. If you lied & they find out (normally they do), you most likely won't get the job or if already hired, you most likely will get fired.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

  6. #6
    panther10758 Guest

    Default Re: California job application, do I have to disclose convictions over 7 years old?

    I live in CA and any application I have seen usually state a time frame for said convictions that number is usually 7 - 10 years. This means if the applicant has a conviction older than 10 years (providing application states time period) then one can legally say no! Example I have DUI's back in 80's any application I fill out I look for a time frame for that exact reason. I have yet to have had to put "yes" on any application I hav filled out in last ten years or so!

  7. #7
    Join Date
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    Massachusetts
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    Default Re: California job application, do I have to disclose convictions over 7 years old?

    You have to answer the questions literally.

    If the question says, have you in the last ten years had a conviction, and you have a conviction from seventeen years ago, then you can answer No.

    But if the question says, have you EVER had a conviction, and you have a conviction from seventeen years ago, you still need to answer yes.

    Don't confuse what an investigative consumer agency may do, with what an employer may do.

  8. #8
    Join Date
    Oct 2007
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    Default Re: California job application, do I have to disclose convictions over 7 years old?

    Thanks, guys. I'm a little nervous about this past conviction, so I'm stressing about how to approach it on applications and in interviews. I guess if they ask if I've ever had a misdemeanor conviction, I'll put down yes. I'm hoping most have time limits though, as it was 17 years ago and I hope I can get a chance to prove I've outgrown that behavior since then.

  9. #9
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    Default Re: California job application, do I have to disclose convictions over 7 years old?

    Maybe they will just ask if you had a conviction within the past ten years (for example), then you can say no. If they ask if you ever had a conviction, then you will have to answer yes. They may still hire you since it was 17 yrs. ago - it's according to the employer & the job you are applying for.

    Good luck.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

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