How Far Back Can an Employer Go When Searching an Applicant's Criminal Record?
- One reason states have procedural rules regarding the use of criminal records in employee background checks is to provide an ex-offender the opportunity to rehabilitate himself rather than be punitively burdened with criminal records. Therefore, many states have limits on the availability of criminal records for background check purposes, including expunged or sealed records, misdemeanors, first offense records, and arrest records that didn't result in convictions.
- Some states have laws that restrict records that go back more than seven years from the date of conviction, termination of parole or release from prison. However, some states allow a background check beyond seven years if the job candidate's expected salary meets a minimum amount. For example, in Colorado, the reporting period is seven years, but longer if the salary is $75,000 or higher. Contact state employment agencies or offices of consumer affairs for criminal conviction reporting limits.
- Some states, such as Massachusetts, prohibit or limit considerations about misdemeanors. California and other states consider crimes such as assault, battery and brandishing a weapon to be misdemeanors. A court record by itself may be insufficient to deduce the true nature of an offense, such as those influenced by plea bargains, and the background screener must verify the true nature of the crime by contacting a person in authority, such as a police officer.
- If a job applicant omits his criminal history on an application, his dishonesty can be grounds for not being hired. On the other hand, if an employer only requests information about felonies on an application form, and the applicant's background report reveals convictions for serious misdemeanors, the applicant may think this information was not required. In this case, the employer can deny employment only if those crimes are related to the responsibilities for the position.