Employer doing background check

[thessler]

What is the name of your state? Colorado

I have been with my current place of employment for 3 years. We are being bought out by a large corporation who has made an agreement with the current owner to keep all employees. Because they will consider us technically new employees, they want us to fill out an application and sign papers so they can do a background check, dmv report & credit check. I have a felony on my record that started in 1998 but wasn't convicted until 2001. First, if the application says do I have a felony on my record within the last 7 years and I check no is that lying since the original date of the felony was 1998 or do I have to go by the conviction date? (my current employer never made me fill out an application so they do not know about this). Second, how long do most employers go back on criminal background checks? Third, I heard Colorado had a law that an employer couldn't hold a felony against you if it was more than 7 years old, is that true? I just don't want to lose my job after all these years just because a new company is coming in and buying us out.

 

[cbg]

No, Colorado does not have any such law. Nor is there any law, either Federal or state, that gives you the right to leave off any convictions over 7 years old.

You need to answer the question literally and honestly. If the question says, have you EVER, then the answer is yes, for the rest of your life. If the question says, within 7 years, or within 10 years, or within 15 years, then you can leave off anything that falls outside those limits.

 

[VeronicaLodge]

but would the date be the date he committed the felony or the date he was convicted the felony?

OP, my best advice to you is be honest. We ask that question on our applications and we go back 10 years. However, we do hire people who have had felonies, depending on the nature of the felony, what we are hiring them for, and how long ago, etc. But we have not hired people for lying on an application when they said "no" and the background check revealed a record.

good luck.

 

[Beth3]

but would the date be the date he committed the felony or the date he was convicted the felony? Convicted. He's not guilty of any crime until he's convicted.

 

[VeronicaLodge]

thanks beth!

 

[thessler]

I found that Colorado does have a law on reporting information. It says: No consumer reporting agency can make any consumer report containing records of arrest, indictment or conviction of a crime from the date of disposition, release or parole if it is older than 7 years. Would this mean if they pull a 10 year report they can't use it against me because of this law?

 

[eerelations]

I think (and others, please correct me if I'm wrong) that the law you're speaking of refers to credit agencies and other financial institutions. In other words, according to this law, you can't be denied a credit card (for example) simply because of a felony conviction that occurred more than X years ago. I don't think this applies to employers/employment. Again, someone please correct me if I'm wrong.

 

[cbg]

eerelations is correct.

 

[CO19]

OP,

In reporting convictions, the date of conviction or release from custody (whichever is most current) is the benchmark that begins the 7yr reporting guidelines. In your case, it is still reportable since the date of conviction was within the last 7yrs, thus can be reported, and you need to answer YES to the conviction question.

Regarding CO reporting laws, you are correct that a screening firm (CRA) cannot report convictions beyond 7yrs *unless* the applicant earns or is expected to earn 75K or more. This does not apply if the employer conducts their b/c's in-house.

Most employers conduct a 7yr or 10yr background check. However, what a CRA can report is predicated on the restrictions set forth in state and federal reporting guidelines. Some states are more restrictive than others. Under federal law, there is no time limit on reporting convictions.