ARIZONA Pre Employment Background Check

[summatyme]

I applied to a job and divulged on the application that I was charged for a misdemeanor several years ago, and also that the charges were dismissed and expunged. With this knowledge, I received an official "offer of employment" letter and passed the interview and drug screen. I received a call days later that after taking a look at my background check, they saw the old charges against me and asked why I did not list it on the application. I reminded them that I did and that the charges were dismissed and expunged. They asked me to provide them with a signed statement with an explanation of what happened to bring about the charges and proof that the charges were expunged, saying that if I did not give them this statement they would not hire me.

Being in Arizona, what is my recourse of action if they decide not to hire me after already offering me employment?

 

[OHRoadwarrior]

It does not appear you have any recourse, unless the "official offer of employment" created a binding contract with damages.

 

[sandyclaus]

I applied to a job and divulged on the application that I was charged for a misdemeanor several years ago, and also that the charges were dismissed and expunged. With this knowledge, I received an official "offer of employment" letter and passed the interview and drug screen. I received a call days later that after taking a look at my background check, they saw the old charges against me and asked why I did not list it on the application. I reminded them that I did and that the charges were dismissed and expunged. They asked me to provide them with a signed statement with an explanation of what happened to bring about the charges and proof that the charges were expunged, saying that if I did not give them this statement they would not hire me.

Being in Arizona, what is my recourse of action if they decide not to hire me after already offering me employment?

Not a thing. If they decide that your criminal background is enough to keep them from hiring you, that's their decision.

On a side note, if the charges were expunged, they should not have shown on a criminal background check, and you wouldn't have been obligated to disclose them at all. Either they weren't expunged as you claim, or the information that the background check company relied upon may be inaccurate. You may wish to contact the company to ask the source of the information if the charges are indeed incorrectly listed in order to correct the record. If you have to do that, you will need the statement you are already being asked to provide by the prospective employer, and perhaps some record of the expungement.

 

[swalsh411]

And next time don't "divulge" things about your past you don't have to.

 

[summatyme]

ARIZONA Background Check

Thanks for the replies. The application specified that I must divulge "prior charges" of any crimes, so I did. The case was indeed dismissed and expunged and I showed them the order from the courts to prove it. Im not sure why it is still showing up on a background check, and if it's not supposed to then it is indeed incorrect information. They are now asking me for police reports of the incident which I do not have and do not know how to get. I guess I am now concerned whether it's even legal for them to ask me for these items. And Im worried if they do not hire me, what the heck they will do with all this information. I feel as though showing them its been dismissed and expunged should be enough. Im originally from Ohio and they were not allowed to asked for charges or expungements, only current convictions. I am unsure if it's illegal to do this in AZ.

 

[sandyclaus]

Thanks for the replies. The application specified that I must divulge "prior charges" of any crimes, so I did. The case was indeed dismissed and expunged and I showed them the order from the courts to prove it. Im not sure why it is still showing up on a background check, and if it's not supposed to then it is indeed incorrect information. They are now asking me for police reports of the incident which I do not have and do not know how to get. I guess I am now concerned whether it's even legal for them to ask me for these items. And Im worried if they do not hire me, what the heck they will do with all this information. I feel as though showing them its been dismissed and expunged should be enough. Im originally from Ohio and they were not allowed to asked for charges or expungements, only current convictions. I am unsure if it's illegal to do this in AZ.

Yes, it's legal for them to ask.

I suggest that you contact the police department where you were arrested and obtain copies of the incident reports. They can tell you how and by what process you need to obtain them.

 

[summatyme]

Thanks for the advice, Sandy. One more question. If I ask them for a copy of the background report they have on me so that I can work on removing this information, are they obligated to give it to me?

 

[RedemptionMan]

Thanks for the advice, Sandy. One more question. If I ask them for a copy of the background report they have on me so that I can work on removing this information, are they obligated to give it to me?

yes they have to give it to you if they used the information to deny your application for employment, hate to say it but this job is toast. Move on, many courts being bogged down by tons of paperwork will not file the expungement paperwork that is why it is up to you and/ or your lawyer to make sure the paper work gets filed to have it expunged and sealed. If the documents are truly sealed then it would take a court order to get the paper work on the case. If you complied with the courts order and can get the case expunged and sealed then by law it is a manner of fact as to not have ever occurred and you do not have to divulge the information in following applications. The record if it is expunged never showed any information to the reporting bureau which is why they are probing you for the documents. good luck with it.

 

[sandyclaus]

Thanks for the advice, Sandy. One more question. If I ask them for a copy of the background report they have on me so that I can work on removing this information, are they obligated to give it to me?

No, but the company that performs the background checks are usually obligated to provide it at your request.

 

[swalsh411]

The application specified that I must divulge "prior charges" of any crimes, so I did.

And next time, don't.