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View Full Version : What statue limitations employee background ckeck for Wisconsin


quilover
Jun 13, 2012, 01:08 PM
If I was work for a company for 5yrs and they did a background on me before they hired me and now decide they want do fingerprint background check on me and they fired me for something on my record from 15yrs ago that didn't have nothing to with but was fingerprint and question but was let go so what I should do now to clear my name so this won't happen to me again and do you think I can my job back ?

AK lawyer
Jun 13, 2012, 01:37 PM
It is unclear exactly what this background check revealed. You say you were fired

"for something on [your] record from 15yrs ago that [you] didn't have [any]thing to with but [you were] fingerprint[ed] and question[ed] ... ".
Evidently the background check somehow revealed the results of a police investigation which didn't result in a prosecution. If I were you, I would consider having an attorney look into how the firm which did the background check got this information.

And, as far as getting your job back, your only hope is to somehow persuade your former employer that you were blameless with regard to this incident and that it shouldn't have been a cause for your termination.

JudyKayTee
Jun 13, 2012, 01:39 PM
If I was work for a company for 5yrs and they did a background on me before they hired me and now decide they want do fingerprint background check on me and they fired me for something on my record from 15yrs ago that didn't have nothing to with but was fingerprint and question but was let go so what i should do now to clear my name so this won't happen to me again and do you think i can my job back ?


These questions run together but I think you are asking -

You had a background check 5 years ago. A second background check was done recently, they found a criminal record and they fired you. Is that correct? Are you saying that the 15-year old record was not yours or was not an arrest or something else?

An employer - unless you belong to a union or have a contract - can fire you for nothing. It's called employment at will.

How do you clear your name? Well, if you didn't have a record and this is all a big mistake you would need to retain an Attorney, open the criminal record, find out what the error is and correct it.

You can also apply for expungement if it IS your criminal record in SOME States for SOME crimes.

Why were you fired? Did you lie about your background? Were you fired because of your background? My guess is, no, you can't get your job back because employers are usually pretty careful with these matters - they don't make mistakes that can cause them to be sued.

Fr_Chuck
Jun 13, 2012, 01:41 PM
There is no SOL, a statue of limitation does not apply to this. SOL is the time from when a crime happened to when the DA can charge you with that crime.

A company is free to run a background search on you any time they want, many companies do them every year.

My question would be that a criminal background search does not normally show up anything but convictions unless they use a private search company, it will not show up on normal police searches.

Next you had to be charged with the crime to be fingerprinted, they don't fingerprint you to question you, so you were arrested, fingerprinted, questioned and then charges dropped.

You will need to get a copy of the police report showing that charges were dropped.

Have you discussed this with HR, ( not on the phone, physcially went in and talked to them)