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  1. #1
    Join Date
    Nov 2008
    Posts
    1

    Default Job Offer Rescinded After Background Check

    My question involves labor and employment law for the state of: colorado

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    Hello all. This is my first time on this site and I am not welll accquainted with it so forgive me if this is covered in a previous thread.

    I have been a paramedic for the last seven years. Earlier this month, I applied for a position with Denver Health Paramedis. They offered me a job, and I accepted. They issued a conditional letter of employment contingent on a physical, written exam, and a background check. I passed the physical and written, obtained my immunizations and even picked up uniforms issued to me costing them $650. On top of that, they told me to put in my two weeks' notice with my current employer, which I did.

    Last Friday, I received a call from the HR department stating that something had come on my background check. CBI (Colorado Bureau of Investigations) is a reporting a minor in possession charge (a class 2 petty offense) which I did not disclose on my initial application. On the application, they asked for all charges which I took to mean felonies and misdemeanors. The MIP charge occured almost ten years ago and was reported on my driving record for seven years. I was under the impression that when the charge dropped from my driving record, it was no longer being reported... silly me. I am not trying to deceive this company nor anyone else in this matter.

    Today, I went to the courthouse and had the charge officially expunged/sealed from my record with a judge's approval and have the paperwork in hand. What I want to know is: should I A) bring the paperwork to Denver Health's legal department showing that the charge is expunged or B) bring the information to CBI and then challenge the thrid party reporting agency's (Intelligent Background Check of Arvada, CO) claim as is my right under the fair credit reporting act listed on my letter of rescindment? Will either of these options give me a chance at getting my job back or does the company have to reconsider at all?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Job Offer Rescinded After Background Check

    CBI (Colorado Bureau of Investigations) is a reporting a minor in possession charge (a class 2 petty offense) which I did not disclose on my initial application. On the application, they asked for all charges which I took to mean felonies and misdemeanors.
    When they ask for all, they really do mean ALL. Not disclosing is likely what got you tripped up. Employers don't like surprises.
    Will either of these options give me a chance at getting my job back or does the company have to reconsider at all?
    Alas, no. You were not illegally let go, and they don't have to take you back.

    The expungement won't do you any good in this instance, either. In most jurisdictions, fire and paramedics can see the original record regardless of expungement.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Job Offer Rescinded After Background Check

    [QUOTE]
    Quote Quoting wardrow
    View Post

    Today, I went to the courthouse and had the charge officially expunged/sealed from my record with a judge's approval and have the paperwork in hand.
    so you are stating and acknowledging that this was on your record up to this action, yes?

    What I want to know is: should I A) bring the paperwork to Denver Health's legal department showing that the charge is expunged or
    what diff would it make. The idea of expungement is to hide the situation. The horse is all ready out of the barn. Doesn;t do any good to close the doors now.

    B) bring the information to CBI and then challenge the thrid party reporting agency's (Intelligent Background Check of Arvada, CO) claim as is my right under the fair credit reporting act listed on my letter of rescindment?
    What do you mean "challenge it". When they reported your record, it was on your record. Only now is it hidden. The bigger problem is (and I would have to research to find the true answer to this) but even with the expungement, IBC may still be able to report this fact about your past. You see, they already have record of it and in many states, an expungement does nothing about reporting already known info, even after an expungement.

    Will either of these options give me a chance at getting my job back or does the company have to reconsider at all?
    Why would a company have to reconsider? First, the report they recieved was accurate. You said so yourself. Since they already have knowledge of your illegal activities from your past, they don;t just have to "forget all they know" even after an expungement. and finally, they do not have to reconsider anything. They made a determination based upon the true facts at hand and that is that. They may reconsider since recieving an expungment generally requires a clean record post conviction and that may help you but there are no requirements for them to do anything.

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