criminal background checks

[VeronicaLodge]

What is the name of your state? PA

Hi, we have a question on our application that asks if the person has ever been convicted of a felony. An application put nothing down, or no. They plea nolo contendre to a felony assault and theft charge over 10 years ago. I know we can't hold the over 10 year charge against them, but we would normally not hire due to their not disclosing it on the application but he claims he didn't have to put it because he pled nolo and thus was not convicted, is that correct?

also, can we not hire someone who has a misdemeanor assault conviction that is only 5 years old? (misdemeanor not felony).

Thanks!!!!

 

[fairisfair]

does the conviction even relate to the position that the person is applying for?

Pennsylvania only allows employers to consider felony and misdemeanor convictions to the extent they relate to the applicant's suitability for a specific position.

As an employer I would consider a nolo contendre as a requirement to answer the question you posed as a yes.

 

[VeronicaLodge]

thanks fair.