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  1. #1
    Join Date
    Dec 2009
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    Lake Chapala
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    Default Re: Job Application Wordage

    Again, unless the application says something about only listing misdemeanors that are less than eight years old, you need to report it if you want to be honest about it. Even if the background check you ordered doesn't show it. Not all background checks are the same. Your employer may have ordered a more in-depth background check than you did, or your employer may have ordered a background check from more than one agency. Or whatever.

    Bottom line is, if you don't report this misdemeanor and your employer finds out about it (through any means, not just a background check), your employer is legally free to withdraw your job offer/fire you for not reporting it.

  2. #2
    Join Date
    Apr 2006
    Posts
    641

    Default Re: Job Application Wordage

    Third party consumer investigation companies are bound by the fcra. Convictions can be generally reported "forever"

    What company are they using? What kind of company are you applying to?

    "Generally" speaking most companies who use third party companies abide by the "7 year" limit for negative information just to stay uniform across the country.

  3. #3
    Join Date
    Dec 2009
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    Default Re: Job Application Wordage

    Quote Quoting bam!
    View Post
    "Generally" speaking most companies who use third party companies abide by the "7 year" limit for negative information just to stay uniform across the country.
    This may be the way that some companies operate. The companies that operate this way will state on their applications that they're only interested in what happened within the last seven years.

    However, this OP's company didn't set a time limit on this. This OP's company wants to know about all felonies and misdemeanors the OP has committed ever. Ergo, your advice is incredibly misleading to the OP.

  4. #4
    Join Date
    Apr 2006
    Posts
    641

    Default Re: Job Application Wordage

    Not necessarily. When they use a third party they have to notify the "consumer" of their rights.

    Third party consumer investigation companies operate in a pretty standard way. They don't like to deviate as it costs them money. The company is under no obligation to say a time frame. I know a major company state on application to list all convictions for felonies and misdemeanors. They only had the third party check the last 4 years.

    If this company has locations in multiple states and uses automated background screening services (IE it generates a screen once the employee is entered into the hiring database) I can tell you they have standard rules.

    My expertise is in consumer reports and civil demands. I spent decades researching, benchmarking, examining and working with teams of lawyers on these situations.

    The OP is vague, but if they pull his background and decide to use this old conviction against him and decline his employment offer, they will need strong evidence, especially in CA, explaining the reason.

  5. #5
    Join Date
    Sep 2011
    Posts
    24

    Default Re: Job Application Wordage

    The company they are using is called Falcon Vision and the company I am applying for is a sales/ IT company. I got a disclaimer from the company where I accepted my job offer and it said they were going to be conducting a consumer background check using the company "Falcon Vision". In addition, I called Falcon Vision and they told me that their criminal background checks only go back 7 years period- there are no special packages that enable an employer to dig past 7 years. Both of my criminal charges, including the one that got dismissed are over 7 years old (one is 8 years old and one is 9 years old). I am thinking about listing the misdemeanor that is 9 years old on my application with an attached statement explaining the situation.

    In terms of crime, it was minor and non-violent, but I am not 100% sure what my employer would think. To make matters worse, I have already put in my two weeks notice with my current employer so if they deny me I am going to be screwed.

    What do you think?

  6. #6
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Job Application Wordage

    If you choose to lie to your employer, you take your chances.

  7. #7
    Join Date
    Sep 2011
    Posts
    24

    Default Re: Job Application Wordage

    Yeah I know, so I thought I would list the case number and write a quick statement of the facts.

    In addition, I got confirmation from the county clerk's office that my other charge was dismissed, however, they said if someone does a background check that it may or may not show up as dismissed in the system so I am stressing out a bit. I do not have a copy of the dismissal so I do not have proof that it was dismissed in the first place.

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