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  1. #1
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    Jul 2018
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    Default How Far Back Does a Criminal Background Check Go

    My question involves criminal law for the state of: How far in Kentucky can the school system go back in a national background check?
    My records was originally sealed and does not show up locally in the state it happened in or in another state. Upon doing a national check it shows up something from over 20 years ago. I just want to know if this is something I can fight? If the law states in that state that the national check can only go back 10 years, I was told that I needed to resign or they could fire me, I choose to resign instead. After thinking about it more and more. It just didn't seem right after 20 years and all the jobs that Ive had that this was the first time it came up, so I am to believe that 1 the check was done through the FBI, 2, they went back past what the law states as 10 years. I just want to be sure of what the law states in the state of Kentucky in regards to how far they go back.

  2. #2
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    Default Re: How Far a National Background Check Goes in the State of Kentucky

    That might depend ... how long had you been working before you were terminated? What did they terminate you for? Was it for lying? Or, was it for a disqualifying criminal conviction?

    As for how far back they can go, I would think that they could go all the way back to whenever records were created. You wouldn't get a pass because you committed a disqualifying offense one day beyond ten years (or whatever period of time you think they should look back through). They may only want ten years of employment history, but I'd be stunned if they only wanted to see criminal convictions limited to such a window.

    If your records were sealed, it may very well depend upon WHY they were sealed, and what the laws in the state the records were in as to who might be able to see them. Sometimes a sealed record is simply not available for the general public, but can still be made available for other purposes (say, for a law enforcement or school background). In what state was your criminal conviction sealed, and for what offense(s)?
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  3. #3
    Join Date
    Feb 2008
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    1,100

    Default Re: How Far a National Background Check Goes in the State of Kentucky

    education background checks are much deeper than a regular background check - the national part goes to the FBI to check...which means it's a deep dive.

    http://www.lrc.ky.gov/statutes/statute.aspx?id=3682
    and here is just one article from one of the larger school districts in KY that talks about policies/laws changing and re-rerunning BG checks on all employees regardless of what was allowed in the past: https://www.backgroundchecks.com/com...Check-Policies

    You didn't state what the sealed conviction one was regarding - if any kind of abuse or neglect, you are out of luck it looks like....if it is one that directly impact the job position, they can still use it past the 10 years.

  4. #4
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    Default Re: How Far Back Does a Criminal Background Check Go

    Quote Quoting KeithW
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    Upon doing a national check....
    If this was a FBI records check, it's not limited by Kentucky law. Similarly, if the data was obtained from a private company then the state restrictions on dissemination don't apply, but if it was a company that is including the conviction information in reports that qualify as consumer credit reports then the FDCPA applies. You should not assume that this was a FBI record check; it's not clear that you have actual knowledge or are assuming. It's also not clear what law you believe prevents the inclusion of your criminal history on the background check after ten years.

    If this was a private records check, K.R.S. Sec. 431.073, judicial sealing, then that law only went in to effect in 2016, and it is very possible that your information was disseminated to the FBI and/or private records databases before the law was in effect. It may be possible to have the information removed by documenting that it is now sealed, depending on the policies of whomever is holding the record. There are other expungement statutes, but I believe that's the only statute that speaks of sealing the record.

  5. #5
    Join Date
    Jul 2018
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    4

    Default Re: How Far Back Does a Criminal Background Check Go

    To be clearer my records was sealed. From something that happened in 1995. A national background check done through a Kentucky school system went throough the FBI. I know because I have seen the document. Now what I was wondering is during a normal background check not using the FBI my criminal record does not show up. In other words a criminal background check can go back as far as anyone wants it to, is this correct? So my records was done back in 2005. have no clue what you're talking about with judicial sealing going into effect in 2016. The records was sealed in another state and done nationally. The school system done a local check and nothing.

  6. #6
    Join Date
    Sep 2005
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    Default Re: How Far Back Does a Criminal Background Check Go

    As linked by hr for me, KY allows a district to conduct a national records check through the FBI. This is typical and is done by submitting fingerprints. Whether they will discover a "sealed" record or not depends on the nature of the sealed record and the laws of the state where it was sealed. A sealed record does not always mean that no one can see it, only that it may not be visible to the general public.

    If the sealing was done improperly, that's an issue for you to raise with the jurisdiction that holds the sealed record, not the school district whose background discovered the information.
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    Love mercy,
    Walk humbly with your God

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  7. #7
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    Default Re: How Far Back Does a Criminal Background Check Go

    cdwjava thank you very much for that information. How do I myself go through the process to see if the jurisdiction sealed them improperly?

  8. #8
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    Default Re: How Far Back Does a Criminal Background Check Go

    Quote Quoting KeithW
    View Post
    cdwjava thank you very much for that information. How do I myself go through the process to see if the jurisdiction sealed them improperly?
    You would have to contact the jurisdiction in question and may have to serve them a copy of any court order that seals the record ... assuming, of course, that the order also seals that county's record. Orders may be limited to a single jurisdiction or case, it will depend on the nature of the order and the record.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  9. #9
    Join Date
    Jul 2018
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    4

    Default Re: How Far Back Does a Criminal Background Check Go

    Thank you for this information. I would like to also state that this has to do with K.R.S. 160.380

    Well they done a state one last year and nothing. Yet that one was not national. Then turn around this year and do national one. I have been in the state over 10 years to ad to this. Under the K.R.S160.380 I am having problems completly understanding it. Or maybe contradictive.

    Forgot to mention had already been there a year already.

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