5 ms·

Not quite. In CA your potential employer can’t ask about criminal history before extending an offer. After the offer is extended that’s off the table: they abs

Not quite. In CA your potential employer can’t ask about criminal history before extending an offer. After the offer is extended that’s off the table: they absolutely can (and will!) run a background check, and any convictions are assessed against the offered job. A SWE might get a job with a drug conviction they picked up a decade ago. They might have their offer pulled due to a recent conviction for embezzlement.

jvanderbot 3y ago
You're absolutely right, nothing in my original comment was meant to contradict that. Add poor HN wording to my long list of personal flaws.
- owenmarshall 3y ago
  No worries, I have also been convicted of sloppy speech! But yeah, for OP: this is why this is a hard question to answer without specifics. What jurisdiction are you in, what crime, how long ago, what job? These details matter. If you’re really unsure most employment lawyers offer a free consultation. Good luck.
Paul-Craft 3y ago
A drug conviction a decade ago wouldn't even show up. The FCRA only allows them to go back 7 years, regardless if it's CA or not. https://www.goodhire.com/resources/articles/how-far-back-do-background-checks-go/ https://www.goodhire.com/resources/articles/how-far-back-do-...
- tptacek 3y ago
  I don't think the FCRA regulates the longevity of felony conviction information.
  - Paul-Craft 3y ago
    No, but it regulates the reporting of it by "consumer reporting agencies," which includes background check companies, as you would see noted in the linked article. Seven years is a common length of time which the information can be reported, although it varies by the exact type of check that's done, by whom, and for what purpose.
    - tptacek 3y ago
      Are you sure about this? The stricter state-level FCRAs have limits on criminal conviction reporting, but they all seem to exclude felonies.
      - deleted 3y ago
        [deleted]
      - Paul-Craft 3y ago
        I'm not sure if or how I should answer this, given you don't seem to want to believe me after having answered this twice already. So, how about you do some research and report back to the group? If I've misread, great, I get to learn. If not, you get to learn. Fair enough?
        owenmarshall 3y ago
        https://www.eeoc.gov/laws/guidance/enforcement-guidance-consideration-arrest-and-conviction-records-employment-decisions https://www.eeoc.gov/laws/guidance/enforcement-guidance-cons... > Businesses that sell criminal history information to employers are "consumer reporting agencies" (CRAs) if they provide the information in "consumer reports" under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (FCRA). Under FCRA, a CRA generally may not report records of arrests that did not result in entry of a judgment of conviction, where the arrests occurred more than seven years ago. However, they may report convictions indefinitely. (emph. added) The FCRA does not wipe convictions after seven years.
- owenmarshall 3y ago
  Once again, not necessarily. A few states extend FCRA-like provisions for felony reporting. Most don’t. Even if your state does extend those protections, most have salary caps: if you are (for example) a felon in Washington applying for a job over $20k in annual salary, the 7-year reporting exemption doesn’t apply to you. Other states offer an exemption for misdemeanors but exclude felons entirely. (edit: I had MA in my head but it was WA I was trying to remember, changed :-))

jvanderbot 3y ago

You're absolutely right, nothing in my original comment was meant to contradict that. Add poor HN wording to my long list of personal flaws.

owenmarshall 3y ago
No worries, I have also been convicted of sloppy speech! But yeah, for OP: this is why this is a hard question to answer without specifics. What jurisdiction are you in, what crime, how long ago, what job? These details matter. If you’re really unsure most employment lawyers offer a free consultation. Good luck.

Paul-Craft 3y ago

A drug conviction a decade ago wouldn't even show up. The FCRA only allows them to go back 7 years, regardless if it's CA or not. https://www.goodhire.com/resources/articles/how-far-back-do-background-checks-go/ https://www.goodhire.com/resources/articles/how-far-back-do-...

tptacek 3y ago
I don't think the FCRA regulates the longevity of felony conviction information.
- Paul-Craft 3y ago
  No, but it regulates the reporting of it by "consumer reporting agencies," which includes background check companies, as you would see noted in the linked article. Seven years is a common length of time which the information can be reported, although it varies by the exact type of check that's done, by whom, and for what purpose.
  - tptacek 3y ago
    Are you sure about this? The stricter state-level FCRAs have limits on criminal conviction reporting, but they all seem to exclude felonies.
    - deleted 3y ago
      [deleted]
    - Paul-Craft 3y ago
      I'm not sure if or how I should answer this, given you don't seem to want to believe me after having answered this twice already. So, how about you do some research and report back to the group? If I've misread, great, I get to learn. If not, you get to learn. Fair enough?
      - owenmarshall 3y ago
        https://www.eeoc.gov/laws/guidance/enforcement-guidance-consideration-arrest-and-conviction-records-employment-decisions https://www.eeoc.gov/laws/guidance/enforcement-guidance-cons... > Businesses that sell criminal history information to employers are "consumer reporting agencies" (CRAs) if they provide the information in "consumer reports" under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (FCRA). Under FCRA, a CRA generally may not report records of arrests that did not result in entry of a judgment of conviction, where the arrests occurred more than seven years ago. However, they may report convictions indefinitely. (emph. added) The FCRA does not wipe convictions after seven years.
owenmarshall 3y ago
Once again, not necessarily. A few states extend FCRA-like provisions for felony reporting. Most don’t. Even if your state does extend those protections, most have salary caps: if you are (for example) a felon in Washington applying for a job over $20k in annual salary, the 7-year reporting exemption doesn’t apply to you. Other states offer an exemption for misdemeanors but exclude felons entirely. (edit: I had MA in my head but it was WA I was trying to remember, changed :-))