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Criminal Background Search

theshadowtheshadow 1 Post
in HR & Employment Law Vote Up0Vote Down
Hello, HR people.
I have a question(s), that has been causing me to lose sleep.
I'll be blunt and, if the question is inappropriate, please forgive me.

First some background:

I have been offered a job as a loan officer with a large financial institution.
The job offer is in the state I now reside, and have lived in for 20 years.
I am a professional in a different field, currently.

I was convicted of a felony in another state 21 years ago. (simple theft)
I was 18 at the time and stupid (obviously). The only laws I've broke since then is speeding laws.

I did a statewide search on a "background search" website for that state where the conviction was, and it found my record.

I haven't received the paperwork for the job offer yet, so I don't know how the question regarding felony convictions will be worded.(i.e. "Have you been convicted of a felony in the last 10 years?" or "Have you ever been convicted of a felony?")

Questions:
How likely is it that they will find the conviction?

A clean record has not been a stated requirement for the job, if I answer honestly, can they take back the offer?

Would they likely check the state I live in only? or is a nationwide check, routine now?

What advice can you give me?








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Comments

  • 6 Comments sorted by Votes Date Added
  • POPEYEPOPEYE 958 Posts
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    I can't speak specifically for your prospective employer, but I just checked with a member of my family in the financial institution field and they do nationwide searches and go back to age 18. They have it clearly stated on their employment application that any felony conviction will disqualify an applicant.
    Good Luck!
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  • Theresa Gegen TXTheresa Gegen TX 814 Posts
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    I suggest that you be honest about it. They might take back the job offer, as job offers are usually contingent on passing background checks and phyicals. But if you are dishonest and they find it, you stand no chance. If you easily found it, they probably will. But more importantly, you have rebuilt your life and your character by becoming an honest law abiding citizen after making a youthful mistake. You should not sell out the character you have developed by becoming a liar.

    Background checks are getting more sophisticated with the advent of the internet and since September 11 and the War, records are looked at more closely. I expect a financial institution would check pretty closely and do a professional job.

    One final thought: You might want to try to contact an attorney in the state of conviction to see if there is any way that you could get the conviction expunged from your record. This may be hard or even impossible to do, but it is worth a shot.

    Good Luck!!
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  • cthrcthr 236 Posts
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    My company is a financial institiution and we conduct criminal background checks. Since companies can only use information from the last seven years, your conviction should not be a bar to employment. However, I would be honest with the company when they ask the question-actually, I'm surprised it wasn't on thier application.
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  • valentinevalentine 116 Posts
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    In Massachusetts it is unlawful to ask if an employee has ever been convicted of a felony. We had to take it off our application at the suggetion of our attorneys.

    Valentine
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  • WOCO FrankWOCO Frank 496 Posts
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    In our industry, the state requires us to ask, and we go back as far as we can. I would be very surprised if MA prohibits a clean record requirement for a financial services position - are you sure about that? (Just because your attorneys told you to remove it doesn't mean it's unlawful... it may just mean they believe asking the information puts you at a higher risk for EEOC complaints.)

    Shadow, I would go back and read the post from Theresa Gegen - it may not be the advice you were hoping for, but it will serve you best. I'm glad you've "outgrown" your youthful indiscretion, and I wish you the best of luck.
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  • doloresdolores 20 Posts
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    If your state code or case law on expungements allows, you may be able to legally state "no" when asked about such convictions. Some states treat expungements as if they never happened, thus allowing the person convicted to deny their existence if asked, while others use expungements to merely be deleted from criminal background searches.
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