Job Search

[rofrebul]

This is a bit complicated.
Under the Fair Credit Reporting Act (FCRA) background checks on job seekers can not report acitivity occurred more than seven years past, it is the law. This bill has to be adhered to by all Credit Reporting Agencies (CRA's). However, inquiries that do not use a CRA, that go directly to the local Federal District U.S. Attorney's Office are not bound by the FCRA rules, I believe. All requests for background checks have to be accompanied by an authorization form signed by the job seeker.

Questions:

1) What is the procedure to follow to get the information from the Federal District Court?
2) What guidelines does the Court have to follow to provide this information? I'm sure that the documentation submitted has to be similar to that required of a CRA, but is there more?
3) Does a job application for a bookkeeper or sales, busines analyst position (or similar) generally rise to such scrutiny? What are the job screening practices in this regard, do most only perform a basic screening test (7 year check)?

An individual with a 1991 drug conviction, college degree
and a desire to excel,to get his life back faces a predicament. He takes a risk, if he falsifies resume (about last place of employment),it amounts to filing a false instrument; closes doors on himself if he discloses the whole truth.

What counsel can I give my family member?

Thanks in advance...

 

[ALawyer]

The records on file in the court house are public. Period. Even though the conviction was 9 years ago that he was convicted of a crime is certainly relevant to an employer's hiring decision. But the specific crime may be very significant -- was he a casual user that had the stuff on him, or a heavy dealer? At what age was he when the offense occurred? How has he changed his life since? The guy may have been in jail for 9 years, for all I know.

While he could seek a pardon from the President, or hire an attorney to try to expunge the conviction, failing that you may suggest to him that he explain that unlike some other famous politicians he was caught, and ackowledge that he was guilty and paid the price and learned his lesson and is clean, sober and straight and his record since that shows he has totally reformed.

Criminal conduct often has its consequences. Asking an ex-con support group for advice may make sense too.

 

[buddy2bear]

The sad fact of the matter is you end up "paying your debt to society" for the rest of your life. It never ends and the way the "system" is set up, you are burned forever.