Results 1 to 4 of 4
  1. #1

    Question Background Checks in California

    My question involves a background check in the State of: California
    I wanted to know what my chances of getting employment in an FDIC insured financial institution with respect to background checks....the one in question has a full 2 pages in its application devoted to background checks and convictions....due to the FDIC insured guidelines they want to know of any criminal convictions dated as far back as 1990! I have 3 DUI's from 1989 to 1997 and a petty theft in 1992 under an AKA ( used friends name, had a license under his name) and a grand theft ($550 dollar jacket) in 1997...I got convicted for the the 3rd DUI after getting cuaght for the grand theft in 1997 even though it was a DUI that I had been cited for in 1995 but just avoided to and never showed up for court since it was considered a felony due it being the 3rd....I was therefore convicted in 1998 after deffering the dates due to enlisting and joining a drug and alcohol recovery program in order to get a lesser punishment....I succesfully completed the program and got convicted to 9 months of which I served 6months at the halfway house and the last 4 months in work furlough...later in 2003 I EXPUNGED my last 2 convictions of grand theft and felony DUI....the Felony was reduced to a misdemeanor and then Expunged...that grand theft was aslo dismissed and then expunged....however recently I applied for another financial instituion and they denied my application since the petty theft from 1992 ( never expunged) showed, and the grand theft from 1998 showed still but also showed expunged in 2003...they asked for court docs and proof of expungement but still denied me since they said its to their discretion but it is still an FDIC violation....I read the FDIC laws and they specifically stated the anything over 10 years can be placed under consideartion...but they went back 16 years!!! for a First time petty theft....

    My questions are:

    1. For this new job that I now applying for, the instructions state:
    YOU MUST DISCLOSE ANY CONVICTIONS AND ALL PAST INFRACTIONS, OFFENSES OR CRIMES, REGRADLESS OF WHETHER YOU CONSIDER THEM MINOR OR IRRELEVANT.
    YOU ANY AND ALL PAST CONVICTIONS FOR, PLEAS GUILTY OR NO CONTEST, ANY INFRACTION, OR CRIME.
    IN ADDITION TO ANY CONVICTIONS, YOU MUST ALSO DISCLOSE ANY INFRACTION, OFFENSE OR CRIME WHERE YOU MAY HAVE ACCEPTED RESPONSIBILITY BY INCLUDING AND NOT LIMITED TO, PAYING A FINE, MAKING RESTITUTION, RECIEVING PROBATION, REHABILITATION OR TREATMENT ETC ETC...
    YOU ARE NOT OBLIGATED TO DISCLOSE CONVICTIONS THAT HAVE BEEN ORDERED SEALED OR EXPUNGED BY A COURT OF LAW...IF THE BACKGROUND CHECK RESULTS REVEAL THAT YOUR RECORD WAS NOT EXPUNGED YOU MAY BE REQUIRED TO PROVIDE PROOF AND DOCUMENTATION.....

    Comment: My last employment recently denied a month ago found my EXPUNGED record, but said that regardless of it being EXPUNGED it still shows and therefore they it is still a violation....it showed Grand theft 1998 conviction, and underneath it stated DISMISSED PC 1203.4 EXPUNGED in 2003...but that wasnt good enough for them.....
    On the application I stated NO to the question of criminal convictions since it stated specifically not to mention anything over 10 years ago and or anything EXPUNGED.....

    Q: With what I have written so far and the way the background instructions are worded for this new job application, how would you answer the question? would you disclose everything from 1990?
    To avoid possible claims of dishonesty from them if you dont?

    Q: In California isnt the Labor law specific to the number of years passed..specifically 7 years or 10 years depending on the job?

    Q: Will I throw my chances out if I still disclose my expunged items, so they do not think I am hiding anything?

    Q: Since my 3 DUI and petty theft and AKA and Gand Theft were all over 10 years ago and the Felony DUI ( 3rd one ) and Grand theft were both the last crimes I have commoted and had them EXPUNGED, do you think I have a good chance of passing the background check?

    Q: Since I have passed 3 other background check dating from 2003 to 2007, is it true that each FDIC insured company does not use a streamline set of guidelines?

    Q: Do I have any rights if denied again?

    thank you very much to whoever that takes time to respond to this giant posting....

    Jack

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Background Checks in California

    I'm sorry, but I'm not going to wade through that. Perhaps somebody else will feel more ambitious.

    If you believe you are being wrongly denied licensure or employment because of your criminal history, I suggest consulting an employment lawyer.

  3. #3

    Default Re: Background Checks in California

    Can anyone suggest any good employment attorneys in the greater Bay Area?

  4. #4
    Join Date
    May 2008
    Location
    California - the hot part
    Posts
    210

    Default Re: Background Checks in California

    If it's FDIC related they will see everything . . . gov't agencies can
    see what others cannot . . . admit to everything . . . a cloudy
    past with a good work history since is a good sign . . . but they
    can deny you legally for almost anything (day of the week, color
    of the sky . . .etc)

    1. Sponsored Links
       

Similar Threads

  1. Background Checks: California Background Checks
    By Blackoutlily in forum Employment and Labor
    Replies: 1
    Last Post: 07-28-2010, 08:46 AM
  2. Background Checks: Background Checks
    By legaladviceseeker in forum Employment and Labor
    Replies: 2
    Last Post: 01-10-2009, 06:25 PM
  3. Background Checks: Notification of Background Checks in California
    By jhdoe in forum Employment and Labor
    Replies: 9
    Last Post: 01-06-2008, 11:02 AM
  4. Background Checks: Background Checks and Dismissed Charges in California
    By rgallagher in forum Employment and Labor
    Replies: 1
    Last Post: 08-10-2007, 06:12 AM
  5. Expungement and Sealing: Expungement and Background Checks in California
    By scaredtodeath in forum Criminal Records
    Replies: 4
    Last Post: 10-17-2006, 06:50 PM
 
 
Sponsored Links

Legal Help, Information and Resources