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    greatbignow's Avatar
    greatbignow Posts: 111, Reputation: 5
    Junior Member
     
    #1

    Sep 1, 2008, 02:11 PM
    California General Background Checkes
    Greetings, Oh Answer-Providing Individuals!

    I have a question...

    I've read on several legal or quasi-legal documents that California employment law limits background check information to the past seven years. Is this generally true? Anyone have experience with this? I did a naughty thing 7-years ago involving pharmacy medications and illicit sales... went to a boot-camp program, cleaned up, got sober, finished a master's degree, and now have a decent job in education (in the Midwest). I've been very blessed to be where I am, and have considered staying there until I receive a pardon for my offence, which was possession w/ intent to deliver, and theft of property (the pills themselves). The state I live in is definitely not the most progressive place in the U.S. since many places now have pretrial diversion programs for persons such as myself which result in expungement or the charges being dismissed; my geographic area did not and I was sent "up the river" on my first offence. I'm wanting to look at jobs in the college field in California (what I do now), but are unsure about putting it down. In my experience, putting it down is a near-guarantee of never getting a phone call or interview. The job I have now never asked, so I didn't need to report either way; whether they checked I do not know, but have been there over a year and conduct myself like a professional; I have no trouble with it at this time. It was in a small town that usually hired people they already knew or family, so my guess is that they saved money on the background checks due to the familiarity of everyone involved. I got very lucky, and think it might be wise to stick around until I can get a pardon (which I should qualify for; my turnaround from pill-dealer to university professional with an advanced degree is pretty rare statistically). I'm wanting to move to Cali and work in the university environment, but wonder if I can plausibly put down a "No" on conviction due to the so-called "7-year" limit. Anyone have an answer? I'd be OK anyway, I make a decent living and like where I'm at, just want to move back home and be near family; I'd also triple or quadruple my salary, and live in an area with low housing costs per California standards (out in the desert, average house $150K there, and they're not shacks!). Anyone? Thanks!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #2

    Sep 2, 2008, 06:21 AM
    Hello great:

    I don't believe there's such a law. If you can show me where you read it, I'll check it out.

    You CAN apply for a pardon or to have your record expunged. I'd try that.

    excon
    greatbignow's Avatar
    greatbignow Posts: 111, Reputation: 5
    Junior Member
     
    #3

    Sep 3, 2008, 03:34 PM
    Quote Originally Posted by excon
    Hello great:

    I don't believe there's such a law. If you can show me where you read it, I'll check it out.

    You CAN apply for a pardon or to have your record expunged. I'd try that.

    excon
    I'll have to find it; yep, it looks like at this point the best strategy would be to stay where I'm at (many people in my situation are lucky to get jobs digging graves or ditches, much less working at a university as a professional), until I can get a pardon. I've already applied for one, but they said it was too soon (my suspended sentence wasn't yet completed). Next month I'll be completely done with my time, so I'm just going to hang out here and appreciate what I have. I'd rather do that, and think it wise to keep what I have when moving a thousand miles away could result in becoming unemployed at any time should they find out. Once I have a pardon, it's a non-issue, so I believe I'm better off sticking around until then... thanks though!
    CrimsonPlatypus's Avatar
    CrimsonPlatypus Posts: 8, Reputation: 2
    New Member
     
    #4

    Sep 4, 2008, 10:33 AM
    Hi there,

    That would depend on the industry. I'm in banking and we perform FBI fingerprint scans. If you were printed during an arrest, it will show up on our queries. If the item was expunged, it sometimes still displays the arrest. Additionally, convictions are placed on the report whenever their database updates the system.

    Our industry is rather forgiving in some senses in that if an arrest is not very recent or repetitive, and it does allude to issues of breach of trust, then your professional performance/record speaks louder.

    Due to the high regulation of banks and the associated hefty fines of hiring someone not proper for the industry, we spend a good deal of monetary and human resource on background checks. Other industries are a bit lackadaisical in comparison.

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