Employment background check, felony

[4william]

What is the name of your state? California

I recently applied for a job and a felony background check was done. I have a felony (1) still on record that occurred (7) years ago through a plea bargain for "terrorists threats." Again, this was (7) years ago. I was subsequently denied employment because of this. It was my understanding that after a 7 year period, this felony will not show-up on record via an employment background check? Do I need to look into an expungement? I have no other criminal activity other than a DUI in 2000. I'am very naive as to how the law works and would like some direction as to what I should do next. Thanks....

 

[ENASNI]

hey!

What is the name of your state?

I don't have to tell you the name of my state... who do you think you are.
Besides looks like you have a felony in your past

Try again Trooper

 

[4william]

I don't have to tell you the name of my state... who do you think you are.
Besides looks like you have a felony in your past

Try again Trooper[/QUOTE

Hey ENASNI........don't know who you are. New member....I just joined. Have a good day. 4william

 

[seniorjudge]

What is the name of your state? California

I recently applied for a job and a felony background check was done. I have a felony (1) still on record that occurred (7) years ago through a plea bargain for "terrorists threats." Again, this was (7) years ago. I was subsequently denied employment because of this. It was my understanding that after a 7 year period, this felony will not show-up on record via an employment background check? Do I need to look into an expungement? I have no other criminal activity other than a DUI in 2000. I'am very naive as to how the law works and would like some direction as to what I should do next. Thanks....

Expungement/pardon

Standard answer: Expungement is generally granted for illegal arrests or unlawful convictions. Generally, pardons mean you are forgiven for the crime but it remains on your record.

Check with the governor or attorney general of your state to see how you can go about either of these procedures.

 

[4william]

Expungement/pardon

Standard answer: Expungement is generally granted for illegal arrests or unlawful convictions. Generally, pardons mean you are forgiven for the crime but it remains on your record.

Check with the governor or attorney general of your state to see how you can go about either of these procedures.

Thanks for the quick response "seniorjudge," however, I thought that after successfully completing formal probation, which I did, an expungement of this felony is in order? Arnold Shwartzennegger is the governor, go figure. I'am not necessarily seeking a "pardon." Just an apportunity to apply for a job without a "felony" poping-up and causing me to be denied employment. Thanks again.....William

 

[CdwJava]

Thanks for the quick response "seniorjudge," however, I thought that after successfully completing formal probation, which I did, an expungement of this felony is in order? Arnold Shwartzennegger is the governor, go figure. I'am not necessarily seeking a "pardon." Just an apportunity to apply for a job without a "felony" poping-up and causing me to be denied employment. Thanks again.....William

A felony conviction does not go away. Traffic offenses drop off the public radar after 7 years, but criminal convictions do not.

Depending on the source of the background check information, it may NEVER disappear. Most the pay-per-background search companies cache old court records and documents and they do not have to expunge or remove them. Thus, if your name is run through one of these companies that has the particular court record,it will ALWAYS come up.

Some backgrounds (such as law enforcement, certain government jobs, and security clearances) can access your state Criminal Offender record which would show the felony conviction as well.

- Carl

 

[seniorjudge]

Okay, Carl, your answer is going into my database.

Where should I send the bill?

 

[4william]

A felony conviction does not go away. Traffic offenses drop off the public radar after 7 years, but criminal convictions do not.

Depending on the source of the background check information, it may NEVER disappear. Most the pay-per-background search companies cache old court records and documents and they do not have to expunge or remove them. Thus, if your name is run through one of these companies that has the particular court record,it will ALWAYS come up.

Some backgrounds (such as law enforcement, certain government jobs, and security clearances) can access your state Criminal Offender record which would show the felony conviction as well.

- Carl

........thanks, Sarge. I appreciate the advice and I can appreciate your professionalism. A brief scenario: I was denied because of the felony conviction....according to "human resources" at this particular company, if it had been more than (7) years, the felony would not have shown-up because of the time period. I can only assume that the pay-per background check agency that they contract to only go back (7) years? The secretary said that if it had been a few more months, I would have had no problem. Guess my felony was just at the "cusp" of (7) years? What is the standard? I understand that my felony record will never be erased and I will just have to live with this....it's very difficult. Thanks again, Carl, and pleased to meet you.
William

 

[seniorjudge]

"...at the "cusp" of (7) years..."

Is this a dental problem?

 

[4william]

"...at the "cusp" of (7) years..."

Is this a dental problem?

......wish that it was there Judge.....William

 

[CdwJava]

The secretary said that if it had been a few more months, I would have had no problem. Guess my felony was just at the "cusp" of (7) years? What is the standard? I understand that my felony record will never be erased and I will just have to live with this....it's very difficult. Thanks again, Carl, and pleased to meet you.
William

Well, I'm not sure where they get their information, but at least in CA there is no such 7 year prohibition. Now, it COULD be a contractual issue with the background comapny that they only look back 7 years, but places like Lexis-Nexis and Merlin, etc. should have access to those documents for as long as they remain on their systems. CA records do not disappear after 7 years unless you are talking about traffic offenses. And they would NOT Have access to our Criminal Offender files. Depending on the job, if you were printed, the prints might result in what would be called a "disqualifying conviction", but the details of that conviction may not be made available to the potential employer only that it exists.

Yes, a felony conviction can dog you for quite a long time.

- Carl

 

[4william]

Well, I'm not sure where they get their information, but at least in CA there is no such 7 year prohibition. Now, it COULD be a contractual issue with the background comapny that they only look back 7 years, but places like Lexis-Nexis and Merlin, etc. should have access to those documents for as long as they remain on their systems. CA records do not disappear after 7 years unless you are talking about traffic offenses. And they would NOT Have access to our Criminal Offender files. Depending on the job, if you were printed, the prints might result in what would be called a "disqualifying conviction", but the details of that conviction may not be made available to the potential employer only that it exists.

Yes, a felony conviction can dog you for quite a long time.

- Carl

I think that's what she was talking about...a "contractual issue" where the assigned background agency will only go back 7 years...guess it depends on how much money a potential employer wants to spend? By the way, if a pardon is in order and the governor does agree, what happens? Also, what good is an expungement anyway? Seems that it's not worth the time or expense to seek this legal path?
Thanks for the advice, Carl.........William