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  1. #1

    Default Do Employers Tell You They Found Your Record

    I recently had an old misdemeanor conviction vacated, and my attorney also tried to get the court file sealed but the judge denied that request. I intend to try again, but in the meantime I am left feeling very uncertain about how well "hidden" my vacated conviction (Washington state) is from potential employers. If you apply for a job and you never hear from them, obviously they weren't interested but you are left wondering why. And if you have a criminal record and you never hear from them, you can speculate that they found your record in a background search and rejected you for that reason, but again you have no way of knowing for sure. And, if your record has been "expunged" to at least some degree and you never hear back, you also wonder if they found the record and turned you down, even if it was expunged. My questions are these: Are there some comanies whose policy it is to formally inform an applicant that they found a criminal record and have rejected them on that basis, and others that have no such policy? Is it merely up to the discretion of the individual company to do so? Would they do so as a "courtesy" to an applicant? Are some companies required by law to inform an applicant that they were rejected for a criminal record and if so, which companies or types of companies might these be? Government jobs, such as the postal service? Boeing? National retail chains like Walmart? Some large corporations put on their job application forms the statement that if your conviction is more than, say, seven or ten years old, or that if your convicton has been expunged, you do not have to disclose it. Does that mean that they won't do a background search which may in fact uncover it no matter how old it is, expunged or not, and still reject you for that reason? I read stories all the time about people who claim they were rejected for their criminal record, but if a company is not required by law to tell you that, why would they?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Do Employers Tell You They Found Your Record

    Are you sending in resumes/applications and not being called for interviews? Or are you going for interviews and then not getting the job? It makes a difference to the answer.

  3. #3

    Default Re: Do Employers Tell You They Found Your Record

    Since I had the conviction vacated several months ago, I have submitted numerous applications/resumes and have not had any job offers. A few wrote back that the position had already been filled and they would keep my resume on file, but that's a standard line, and with a still visible criminal record, who know what it might mean?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Do Employers Tell You They Found Your Record

    If you are not being called in for interviews, then it has nothing to do with your record. That is a 100%, carved in stone, guarantee I am giving you.

    It costs money to run a background check, and it takes time. Employers do not run background checks, and then decide who to interview. They do the interviews, decide on their top candidates, and THEN run background checks. If they are using a third party to run the checks, they need your written authorization to do so anyway. NO employer has the time or the resources to run checks on everyone who sends in an application. It simply does not happen.

    It's far more likely that you are not being called for interviews because there are 300 applicants for every job opening these days. And that is NOT an exaggeration.

    And no, they have no legal obligation in these circumstances to tell you why you were not selected; nor do 99.99% of employers do so.

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