Foreign Convictions and Job Applications

[TheArgumentative]

If the application for a job in the US asks if I've ever been convicted of a crime, do I have to list criminal convictions from foreign countries? Does it matter whether or not the foreign conviction was for an action that is legal in the US? On whether the foreign country's court system is similar to that in the US? On any treaties that require the US to cross-recognize convictions in other countries? On whether I'm considered a fugitive in that other country?

[jasminw]

i don't think it's necessary to list convictions from a foreign country

[PattyPA]

You do if you answer honestly and the question does not specify U.S. only. Now, whether or not criminal background checks would find foreign convictions, I have no idea.

[TheArgumentative]

I guess I'll just say "no" and assume the background check doesn't cover Uzbekistan, then!

[oscarnine]

If the question is "any conviction" then NO, you do not have to report foreign convictions

http://www.oyez.org/cases/2000-2009/2004/2004_03_750

[cbg]

That's all well and good if you're in the 3rd District Court of Appeals. But there's a whole lot of the country that isn't, and isn't bound by that District's decisions.

[Betty3]

Agree with cbg.

You need to read the question carefully as to how it is worded & answer truthfully.

If you lie & your prospective employer finds out, you most likely will not get the job for sure. Employers do not like applicants to lie.

[jk]

a question posed by a prospective employer is nothing like the case you cited. Small's case dealt with the legality of carrying a gun due to a prior conviction. An employer asking you if you have ever been convicted has nothing to do with the answer hindering your rights. Is a simple and legal question (although time limited in some states). There is no "legal" or "illegal". As long as the question asked can legally be asked, you either answer it or you don't and you must decide whether to be honest about it or not.

Lying is not illegal (in most cases concerning this) but if the employer could legally ask the question, lying surely could get you fired or prevent you from getting hired if they discover your lie prior to hire.

[Scott67]

I would take a slightly different view. Since each country has it's own laws, including it's own definition of what constitutes a conviction and what criteria (proof, for example) are required to convict, for employment purposes, I would not consider a foreign conviction to be reportable. For example, I am aware of cases in which US citizens were arrested and convicted in foreign courts for activities that were sanctioned by the US Government. Potential future employers have no right or need to know any of that information.

For a US DoD security clearance, the questions related to arrests and convictions specifically state "Federal, State, or other law enforcement or juvenile authorities". They are concerned and ask questions about activities in foreign countries but seem more concerned with activities that may be perfectly legal in the foreign country but may be indicative of lack of loyalty to the US.

[Papi Yanqui]

That's all well and good if you're in the 3rd District Court of Appeals. But there's a whole lot of the country that isn't, and isn't bound by that District's decisions.

Since this decision was a Supreme Court decision why would it not be case law for the other circuits?

The Small case said what it said. So much so that Dianne Feinstein introduced legislation in the Senate last year to close this "loophole."

http://feinstein.senate.gov/public/i...a&IsPrint=true



Status: http://www.govtrack.us/congress/bill.xpd?bill=s111-1526