7 Year Criminal Background Checks... What's That? - Background Screening Tips and Tech - Episode 13
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- Опубліковано 17 лис 2020
- 7 Year Criminal Background Checks... What's That? - Background Screening Tips and Tech - Episode 13
On this episode we clear up some of the confusion around what a 7-year criminal background check is or can be.
Establishing a history of addresses reported or utilize by an applicant going back 7 years will give a background screening partner the ability to look for criminal records in all counties of residence going back that far.
The 7-year reportability of convictions and non-convictions is governed by where the employer and/or applicant are located because state rules govern if non-conviction within 7 years or beyond 7 years can be reported. In some states criminal records with a disposition date beyond 7 years cannot be reported.
Keep in mind that often times having too much history on an applicant can lead to longer turnaround times, increased cost and most importantly having eyes on information that is not reportable and should not be used for a hiring decision.
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Great information, thank you for sharing.
Great show! As an employer it is important to do background check for newly hired employees. Basically, background checks look for a criminal history, employment verification, and education verification.
Thank you. What topics around risk mitigation keep you up at night?
Criminal checks alone are not a good screening tool. There are a lot of people with clean backgrounds who are thieves and liars. I have known a few people with an old criminal record who I was not afraid would steal. I have also encountered people with perfect credit and no criminal record who were thieves. You really need to interview people who know them.
It is also important to determine if the person is a liar. If they have an old criminal record they are truthful about they might have done something stupid and not be a bad person. What i do is set a $20 bill on a table if they turn it in they might be truthful if they keep it they are a liar.
@@chadr2604 That's a clever move!
This is PROHIBITED in Rhode Island!! We have a 3 year statute of limitations!!
What statute are you referring to that limits background checks to only go back 3 years?
I live in New York, it has been 7 years to be exact will my misdemeanor charge show up on a pre - employment background check? I have prostate problems, anxiety, and court house is over an hour away by LIRR. My local precinct says they don't handle active warrants from other jurisdictions, don't obsess, and to go home. The cops all have on masks, and they stop me from entering the precinct. I was falsely accused of sending a G-rated picture to someone that's the charge. I'm a rehabilitated ex-offender and served time in prison paid my debts to society, and haven't been in trouble since the 1980's roughly over 35 years I have a spent conviction which I don't have to disclose to employers, but with this "second old charge" hanging over me forever I have now more hurdles/ barriers in finding work. Only a few red flags left, I'm not getting any younger, and time is of the essence. In reply to 7 year rule, also this girl is a skeevy wh*re😕
The look backdate is based on disposition date, not conviction/sentencing date?
I live in Texas, it has been 7 years and 8 months since my misdemeanor charge. I have lived in one county most of my life.
Here's a video that can help you out ua-cam.com/video/nadKS8FJWag/v-deo.html
I was told that background checks are required because of some Supreme Court case, and that now employers ARE REQUIRED to perform criminal background checks.
Please provide more details. We are not familiar with this case.
Hi, thank you for the great content. Does the 7 year rule apply to live scan fingerprinting in California?
LiveScan fingerprinting is a completely different search and it typically pulls back arrests, convictions and non-convictions going back as far as the requesting employer allows. LiveScan is often used for government jobs where they can look beyond 7 years.
my case was expungement a misdemeanor 273.6 (a) my disposition was sometime in 2020 which the court rejects to share with me but the expungement was finalized and sign of by the judge on 5/7/2021... which one is my disposition date???
Hi just want to check i had a feleni 20 years ago and i trying to get a job in a base militar but the make a background chcke How far back the go in a back ground check here in texas or u think i will not pass
If some one was convicted of a crime in a different county that he doesn’t live in. And we run a county back ground check that he just resides in, will that conviction pop up in the search ? Two totally different counties. Thank you !
If all you run is a county search in the county where the person resides you won’t pick it up. Many employment background checks include a national criminal search and if the county where the case occurred reports to the national criminal database you might find it that way. Thanks for the question
It’s been 7 years and a few weeks since my misdemeanor arrest was dismissed (charges dropped). Hope it doesn’t show up on my job app, just got a new physical therapy position offer 🤯. Dismissal date is 1/02/2015
What state are you working in?
At least in CA, the seven year standard, or for that matter a 10 year special request for a criminal background search, refers to seven years to the date of the last disposition. The date of the last disposition by nearly all CRA’s is not the arrest date nor the file date nor the conviction date (unless of course probation is denied) but typically the date that probation ends. This can have the affect of a “seven year search” going back ten to twelve years. For this reason it is always a good idea to petition the court after the end of probation to have a case expunged (dismissed per 1203.4-PC) since dismissed counts and cases are not reportable in the vast majority of searches.
I've been reading that if you were convicted there is no 7 year limit. 7 year is only for non convictions.. Can you clarify that?
Why would a company go back almost 30 years for a criminal background check?
That is a good question. What type of position are you applying for? Private companies wouldn’t look back that far but if you are working for the state or federal government they can.
@@Santoniworldwide what about school worker ? 7 years rule apply?
I’m from California been here in Arizona for 3 years now I had a domestic violence back in 2014 it’s been more than 7 years I applied for az corrections and my background is pending it’s taking forever will my domestic show it was a misdemeanor domestic violence
Are you applying to woe for a job with the Arizona department of corrections? If yes there is lo restriction on how far they can look back. They can see everything. Arrests, non-convictions and convictions.
When applying to rent an apartment typically how far do they go back on criminal back ground checks
The look back is typically 7 years, but it depends on the state you live in. Where do you live?
If I have a felony from a different states that doesn't have a 7 year limit, but move to a state like California that has a 7 year limit will my felony from out of state be able to be used?
If I lived in California I'd be subject to California law I'd assume which means they couldn't use my history from out of state after the 7 year period?
The state where you will be working determines the records that could be reported. California is a 7-year convictions only state. I hope this helps.
Hello, does the 7 year rule (felony convictions in CA) apply to end users that are TPA's or insurance companies? or can felonies still be reported by a CRA based on end user requirements?
Thanks so much!!
Thank you for your comment and for reaching out. If you have any further questions please let us know.
@@Santoniworldwide The youtuber asked a question, would've liked to hear the answer.
@@moniquemonicat The 7-year rule about reporting convictions only applies in California and several others states. If the employer is state agency, government agency or the federal government then the 7-year rule doesn't apply. They can see arrests, non-convictions and convictions as far back as they are available. Think of police, fire department, sheriff, corrections officers, etc.
Wait are you saying I’ve been jipped because I work for the government and when I tried to enlist in the military they went back more than 7 years vs my government job.
Military can go back as long as they choose. Different rules for government.
So expunged records won't show up in california right ? For a sales position
Expunged records should not show up assuming you are working for a private company. Government and state agencies would potential have access.
@@Santoniworldwide yeah it's just a car dealership, thankyou!
If a job application asks if you’ve ever been arrested, and the arrest was more than 7 years ago(non conviction), should you still disclose it?
My advice is that employers like honest and transparent team members. Also not all states are 7 year convictions only so even if you don’t disclose the arrest they can find and potentially report it.
@@Santoniworldwide According to the FCRA credit reporting agencies are forbidden from reporting arrests that did not result in a conviction from more than 7 years ago. Wouldn’t this forbid the employer from obtaining this information?
@@mja12685 It is hard to say for sure but based on the fact that they’re asking for arrest history tells me there might be a compliance or regulatory issue that allows them to ask for and search for this information. It really depends on who the employer is what state they’re in what industry they are in.
Hello,
I was arrested in Oregon back in 2002. I live in California for 12 years and the case shows dismissal.
Could this be a problem for me from a livescan/fbi background check from a perspective employer?
If you are required to have a LiveScan there is a good chance they will pull back anything and everything as far back as possible. Arrests, charges, convictions and dismissals. Who are you going to work for? Private employer or government?
Private senior are facility.
Hello! Late response, but was wondering if you could give me opinion:
I just accepted a great job offer at a small boutique consulting company. I was convicted over 10 years ago back and also recently received a simple pardon from my governor (Virginia). This was a possession-with-intent to distribute marijuana charge. Marijuana is now fully legalized in VA. I have also been fully employed since I was convicted with the last 9 years at a Big 4 Accounting firm.
Should I be worried about getting my offer rescinded?
If the felony does pop up on the check, will the Simple Pardon make a difference in their decision?
Thanks for the question. In what state will you be working? That is an important factor.
@@Santoniworldwide did you read the comment? States Virginia
Hello James. Virginia follows the FCRA rules so the 7-years convictions ONLY rule may not apply. It also depends on the type of employer (Public v. Government) and the compliance that they must follow in accordance with contracts/agreements that they have with clients. I hope this helps.
@@Santoniworldwide thanks 🙏
What’s a undefined back ground check??
Where on the report are you seeing undefined?
if arrested in 2012 for offense plead guilty got probation but got convicted in 2017 does my 7 year background goes back to 2013 or 2017
It starts from the conviction date. Watch this video ua-cam.com/video/nadKS8FJWag/v-deo.html
I have 2 felonies I have had my backround come back bad in 2016 2018 and 2019 on 7 year my disposition date is both 2010 but it also says last action taken is 2013 is that the date I would go back from
Disposition date is the key.
Is it illegal for a company to go all the way back to your 18th birthday on your background? Texas
What type of company are you applying to work for? Public, private or government
It’s been 18 years since my conviction and lyft denied me. I been at my address for exactly address
I believe Lyft and Uber can look farther and deeper than a traditional employer. Also what state would you be working in? Some states have laws that allow reporting of older cases.
@@Santoniworldwide that just it I’m approved with Uber. I been with them for weeks. I don’t understand why Lyft would deny me. I’m in NY
You need to apply for record suspension to clean your record. Ask the lawyer for advice.@@Santoniworldwide
Does the 7 year rule apply only to arrests or arrests and convictions? I have a felony conviction from 12/2013 and it showed up on my report on 8/2021. And the report specifically said 7 years searched
The 7 year “rule” applies to convictions and apply to the date of the last disposition, if probation is denied then that would be the plea date if a no contest plea is given, if probation is granted then it is the date that probation expires.
Robert is correct. It’s disposition date.
It is hard for people who has a criminal record to live. Don’t do crime because it will haunt your productive years forever
First, I’m glad I came across your video. My neighbor and I were having this discussion yesterday. We live in SC and she has hopes of joining an organization that does a background check. The papers she acquired show that everything was last documented about 30 yrs ago. She is concerned it will show up on a seven year background check.
excuse me - but some people are falsely accused and falsely convicted
Hey I had a background check company report my conviction from 21 years ago when I was a minor and they showed it to a employer it was a assault charge when I was school and the kid parents press charges because he dislocated his shoulder. I live in NY and I look up the look back rule it says it wasn't supposed to show I want to dispute this before my five Days are up any suggestions or I don't even have grounds to stand on?
Shelly thanks for the message. What type of job are you applying for? Did you get a copy of the consumer report? If you did the report what screening company did the employer use?
@@Santoniworldwide it was a check and I applied for Maintenance technician apprenticeship as a Engineer Tech and yes I got the consumer report.
@@shellywilliams6604 Who is the employer? Private company or is a government agency or government contractor?
@@TimSantoni global Foundries private but publicly traded
@@shellywilliams6604 Okay and what state will you be working in?
I ain’t had a charge in 15 years and I was just denied an apartment! AND I just had three apartments previously! Is that legal??
Tenant screening involves much more than criminal research. They often evaluate credit score, eviction history and other factors. Are you sure the criminal issue was the reason for denial?
@@Santoniworldwide yes, I can send it to you. I have the denial paper and it clearly says denied due to criminal bacc ground. AND I applied using my tax ID! I ain’t even use my social! Smdh 🤦🏽♂️
@@younghandsome3447 Okay what state are you looking to rent in? Why would you apply using your TAX ID? Criminal records are indexed by name and DOB in almost all states. Social would be used to pull credit. If you go to our website and submit you information via our contact us form we can dig deeper. www.santonibackgrounds.com
@@Santoniworldwide I just did
@@Santoniworldwide now I’m looking to rent in Florida
I live in Alabama and was convicted of a felony in 2013. My question is do they count the year of conviction or when the sentence was completed because that timeline is hurting my employment
It depends on what state you are seeking employment in. The disposition date is typically the date that is most important. In Alabama there are no specific rules beyond the FCRA. Non convictions are reportable for up to 7 years. Convictions can be reportable for 10 years or more. We would need more details to provide a better answer regarding your specific situation.
@@Santoniworldwide the background check company specifically has it printed on my copy as well as the employer’s copy “search goes back 7 years “ this is in multiple places. The job is a remote position but I contacted the company that ran the BG and got conflicting answers to the time of conviction and the time I completed probation. I gave a professional notice at my previous job so now I’m unemployed and that’s just not right
@@hillariejones5883 were you incarcerated or put on probation as a result of the conviction? If yes, for how long?
@@Santoniworldwide both my sentence was 96 months with 83 months suspended and 36 months probation
That is probably why. In some cases like this the sentence term can impact report ability. Again without seeing the report and the case you were convicted in it is difficult to provide a solid explanation
I think this 7 years background is bs. Cause here in Ohio places won’t hire me and there looking back over 20 years ago…even dismissed cases seat belt and even child support. I’m trying to see where or how to go about this because I believe it’s against the law here and trying to find out if I’m right
Ohio doesn’t have any state laws restricting how far back cases with convictions can be reported. Are you looking to work for a private employer or government agency?
Hi, could you kindly provide any information regarding getting a national level criminal background check done on oneself in India.
Thank you for reaching out. Can we ask why you need it so we can better assist?
I'm applying to Walmart and I was told that they only go 7 years back and I have a felony from 29 years ago but they are still reporting it? Is that allowed?
What state are you working in? Only a few states have 7 year limits. Others can report convictions no matter how long ago they occurred.
is there a free service where i can see what is on my criminal background?
We get they question quite a bit. I am not aware of a free service for this. Remember that every background check is performed slightly differently. The scope of the search and how far and deep they look varies.
I just lost a job at the Strat because I have 2 misdemeanor cases that are still pending 1 driving on a suspended license and 2 possession of a controlled substance how can I get rid of these 2 charges that are hindering my work situation cause this is like the 4th job I've lost because of this
What state do you live in? Are the pending cases actually still pending?
yes they're still pending and it's ruining any and are all my chances for gainful employment out here in Vegas
I currently live in Las Vegas Nevada and I'm on Probation through Veterans Court but my warrants are out of San Bernardino County it's actually 3 with 1 being a infraction just left The Strat where I was told I can reapply after 90 days but to include everything on my background check
Okay so first off those pending cases are going to show up unless they are not prosecuted or dismissed. Is the warrant a result of the those cases? If your drivers license is suspended get that cleared up especially if you are applying for all position that requires driving.
Is it legal for the companies ask for ten or more? I live in Utah. I want to say they asked more.
Did they ask for address history going back 10 years? Please clarify.
If I was charged but never went to court cause it got dropped, will that show up?
If you are applying to work for a private employer it is not likely, but it depends upon on which state you live and work in
What date starts the 7 year time table? Is it conviction date or arrest date
Usually the termination date of the sentence. For instance: if you were sentenced to 3 years probation, the seven years would start when you got off probation.
Disposition date
My job went back 8 yrs in nys and fired me for it even tho I told them about it before I even started working for them. Is that legal?
That is a complicated question as it depends on what state you are in, what type of employer you work for and compliance requirements in your industry.
@@Santoniworldwide it’s in NY and it was working for a nursing home. They hired me knowing I had the charges and then said oh well the doh said u are on a 30 day pending dismissal bcuz of a misdemeanor from 8 yrs ago. How could they hire me knowing I had the charge then fire me after 2 wks of working for me for that same charge. Plus everything I found said nys only goes back 7 yrs in ur record but this was from 8 yrs ago
@@thewrightsisters9205 This seems a little bit odd. The 7-years is from the disposition of the case. Did you represent to the employer that you were working to get the case dismissed or expunged? Provide more details.
Hi I'm from California. I got convicted in California in 2013 and spent 5 years in Federal Prison. I also got 5 years probation. I guess technically my disposition was in 2013 considering that's when I was found guilty. All my background checks always pass except for one company that tells me they cannot take it off even though the conviction is pass seven years. Is that right or are they correct because technically I'm still on probation.
Each employer is different depends
It depends which state you are applying for work in and if the employer is a private company or a government agency.
@@Santoniworldwide I would be applying in California and in private companies.
@@jamiemuniz2759 Okay if the employer is California based and the work being done would take place in California then then the 7-year rule from date of disposition would likely apply. Because you did prison time and are on probation it is possible that active probation could trigger reporting. There are a variety of factors that factor in to the reportability of records, so it is hard to give you a definitive answer. Thanks.
@@Santoniworldwide thank you so much
Hello I live in California. I was arrested as a juvinile and went to juvinile hall for stealing a Gatorade and graffiti. I'm now 29 so about 13 years ago. Will my record pop up in a California 7 year live scan
We don’t do live scan so I am not an expert. I don’t believe juvenile criminal records would be found but you can ask the provider.
I was recently offered three jobs my disposition date was never shared with me, but my expungement occurred on 5/7/21. should i go against this date to start the 7-year rule?
Couple of questions…were you denied employment because of what was found on the background check? Are the positions you are applying for with private companies or government agencies?
@@Santoniworldwide I was denied a position that I already had, because of what my record showed an expungement case which occurred two years ago. i guess is a public entity, a school district!!!
@@Ejame2 Okay school districts follow different rules. The 7-year rule, arrest records, expungements, etc. are a whole different story with government employers and schools.
@@Santoniworldwide thank you for that information so I guess that hopefully after 7 yrs minus two this will not appear anymore!!!! i hope!!!
Will school worker job follow 7 year rule or not ? Please let me know. Thanks
Someone stated that they were charged with murder without murdering any one because of the same full name but No one has the same finger prints so how can that happen??? That's incredible
Criminal records are indexed by name and date of birth. Law enforcement can search by fingerprints. Live scan searches will pull back crimes where fingerprints are obtained. It seems pretty unlikely for the type of mix up you referenced to occur.
Who can I call to get a arrest records on my self, I would really appreciate any help,
What exactly are you looking for? Proof of arrest, charges or the court file?
@@Santoniworldwide yes
@@TomMack530 We can help you with this or point you to a free resource if one is available. In what state and county were you arrested?
@@Santoniworldwide Kendall county , Illinois in 1997
@@TomMack530 Okay, that is a pretty old file, so it is possible that only the docket remains. We will look into this and get back to you. Could you got our website santoniservices.com and fill out a contact form so we have your phone and/or email address?
Where can I run my own background like an employer would
A background screening company can do it. Message us via our website and we can give you more information. Santonibackgrounds.com
Hello I need your help I get arrested in 2012 and it till coming up and my Background check with Department of Health
I cannot get the job every time they run my background department of health deny me And it was a misdemeanor
State and government agencies have their own guidelines when it comes to their screening policies. Sorry I don’t think I can help.
@Daniel Richard omg, you are writing the same three comments in each reply section. Please stop spamming.
You need to apply for record suspension to clean the record, ask the lawyer @@Teeny854
I have a question, I have a felony in 2002 and had it expunged. I recently applied for uber and lyft and my background came up. What can I do to clear this and why did they go more than 7 years?
Uber and Lyft can do things a bit differently depending on the way you are contracting with them. I’m some situations you are treated as a sub-con contractor which changes the 7 year rule. Also check their terms and conditions of employment as they might have language that allows for older cases/charges to be reported.
@@Santoniworldwide okay, what if I already expunged my record and was pardon for full pardon
@@MasterScreenPrints if the criminal case you are concerned about was expunged then they shouldn’t be able to find it. Are you sure it’s the same criminal case that they found? Is it possible the case that was found does not belong to you? Did you get a copy of the report?
@@Santoniworldwide No, it was the same. Only thing that i have been arrested for as an adult. i still have the paperwork with full pardon
Can you request a pardon on your own? Or did you get an attorney?
Hello I had an arrest back in 2019 for assault, the case was dropped by district attorney and I was never charged. Would this prevent me from getting a job in the future?
It really depends on what state you will be working in. California as am example only allows criminal convictions where a conviction occurred going back 7 years from date of disposition. Others states allow for non convictions to be reported for up to 7 years. What state are you looking to work in?
Im in California and my husband had a disposition date of 1/17/2014 he was sentenced to prison, served time was paroled 8/1/2016 discharged from parole in 2019 and applied for a job in 2022. The background check CRA reported the conviction to the company who choose not to hire him based on the report. The company never responded with an adverse action letter or gave an opportunity for individualized assestment. The agency simply just said, " Yeah well your background has to be clear to be a driver for Amazon". Drivers cant have any felonies. This even after the report was disputed as inaccurate. Isnt that a violation of Title VII and the FCRA regulations for discrimination.
Great question. In California if there is a conviction, prison time and parole the date of any of those can be used. Also is the driving position DOT regulated? If it is then different rules can apply.
It been 13 years and a few months since my released from prison haven’t been in trouble or been back to jail now I moved from ca to or will my record still show up when applying for jobs I recently moved into my home and they did a background checks and nothing came up was wondering if that applies for jobs too
Great question. Background checks conducted by private companies for California based employees can only report convictions within 7 areas with a few minor exceptions. Since the disposition date and release date are both beyond 7 years you should be in the clear.
@@Santoniworldwide does that mean I don’t have to put down on a job application that I have a record since it happened years ago in another state
@@arturomorales7440 California employers can no longer ask if applicants have a criminal history prior to a conditional offer being provided. You should be in the clear.
*🔝🔝👆I got everything cleared through him without any stress thanks so much sir 🙏*
from whom? I need that service...can you share the information. Thank you.
If I’m going to get a background check California and I have a misdemeanor well they affect my background please let me know
Yes. Especially if it’s a conviction with a disposition date within 7 years. If it was something minor that doesn’t impact your job it might not matter.
If it was 2015 is 2022 mean it would be clear
If the 7 year rule applies for the state in which you are working it would be 7 years from the actual disposition date.
Sterling does a 7 year county search and I got a mistemesnor in 2012. Smh
When was the disposition date of the case and in what state do you live/work?
@@Santoniworldwide September in 2012. Ky.
@@Santoniworldwide it’s construction 🚧.
@@Santoniworldwide I’ll be working in ky and Indians.
Indiana.
What questions do you have about the 7 Year Criminal Background Check that we might have missed on this episode?
If someone were in the process of being hired with a convicted felony going back 7 years. All that person would need to do is ask the HR what type of background they're running? Is there even a way of asking without the HR raising an eyebrow as to why ask in the first place?
@@fadis5068 The HR person does not have to disclose what type of background they conduct and how far it will look back. My recommendation is that if there is a conviction with a disposition within 7 years to tell the HR person about it before they find it. That being said a 7 year criminal search is typically what they run. I hope that helps.
Will a burglary of habitation show on a background check if its 9 years old...? In the state of Texas
@@keithjohnson5003 Great question. If it is a conviction the reporting date would be the date of the disposition. So if the disposition of this case is beyond 9 years it would not be reportable assuming your employer or the state where you would be working has a 7 year limit on reporting convictions. Many states can report non-convictions over 7 years especially if you are taking a job with a state agency or government agency. Texas is a state with limited restrictions so the case could be reportable. Many variables on this stuff, so message us with further questions.
@@TimSantoni I have a mistemesnor , fighting etc, 8 years ago and they are doing a 7 year county.