Background Checks

[ANXIOUS999]

What is the name of your state? GEORGIA

When hiring companies do background checks, what do they search under? Do they search by name only, or do they search by social security numbers and date of births?

When you are arrested and your name was not spelled correctly by the person who took out the warrant against you and you get arrested but never correct the mispelling of you name, when backgrounds are run, do they find you anyway? And how does the arresting agency know your social security number if you never supplied it to them?

Just wondering!!!! I thank anyone who is able to answer these questions for me.

I was arrested back in 1994 and entered a diversion program and was told if I fulfill the 6month requirement, the DA would file a Nolle Prosequi, which he did. But it seems that everytime I go out and fill out employment applications, I am afraid that if I answer that I was arrested I will be disqualify from the job. I am eligible to have my record expunged?

 

[CO19]

What is the name of your state? GEORGIA

When hiring companies do background checks, what do they search under? Do they search by name only, or do they search by social security numbers and date of births?

>We look under all identifiers.

When you are arrested and your name was not spelled correctly by the person who took out the warrant against you and you get arrested but never correct the mispelling of you name, when backgrounds are run, do they find you anyway?

>Yep... a good investigator will <g>


And how does the arresting agency know your social security number if you never supplied it to them?

> We don't need the arresting agency to provide a SSN or the multiple one's that debtors and criminals try to use to hide.... plenty of resources out there

Just wondering!!!! I thank anyone who is able to answer these questions for me.

> My pleasure

I was arrested back in 1994 and entered a diversion program and was told if I fulfill the 6month requirement, the DA would file a Nolle Prosequi, which he did. But it seems that everytime I go out and fill out employment applications, I am afraid that if I answer that I was arrested I will be disqualify from the job. I am eligible to have my record expunged?

> You need to check directly with the court to be 100% sure the final disposition was a "Nolle Prosequi" (latin meaning “we shall no longer prosecute), which is not considered a "conviction" in GA. An employer will only ask you (or supposed to) if you've ever been convicted and you need to put down "NO", b/c you haven't. Under federal law, a CRA (pre-employment screening company) cannot report arrests that did not result in conviction beyond 7yrs. If I found this in your GCIC, I legally could NOT report to the employer.... wouldn't fret over this.

Good Luck!

 

[nomad943]

Background checks are driven by name. A misspelling could be a big break (Ie if Mr Smith rap sheet was filed under Mr Smyth noone would be able to persecute him). Birth dates are then used as a secondary source to verify the info generated by the name.
Nowhere does SSN apply.
Basicaly if you have a felony conviction you will be persecuted until the day you die or until you are able to assume a new Id whichever comes first. Legal methods (expungement, executive orders) have no net impact on employers ability to discriminate against you because third party hack shops will continue to list the data for eternety.

 

[CO19]

Background checks are driven by name. A misspelling could be a big break (Ie if Mr Smith rap sheet was filed under Mr Smyth noone would be able to persecute him). Birth dates are then used as a secondary source to verify the info generated by the name.
Nowhere does SSN apply.
Basicaly if you have a felony conviction you will be persecuted until the day you die or until you are able to assume a new Id whichever comes first. Legal methods (expungement, executive orders) have no net impact on employers ability to discriminate against you because third party hack shops will continue to list the data for eternety.

YOU ARE WRONG AND HAVE NO CLUE WHAT YOU'RE TALKING ABOUT IN GENERAL AND AS IT PERTAINS TO THE OP'S QUESTIONS!

 

[mycarlb]

This is a question to CO19...

My brother was convicted of a felony in 1995 and had some previous convictions as well... he got his life straightened out and has not had further trouble since that... but we have a copy of the report from a pre employment screening company that showed every bit of his convictions going back to his juvenile record, which, for obvious reasons made him not get that job. What can be done in an instance such as this?

 

[CO19]

This is a question to CO19...

My brother was convicted of a felony in 1995
>In what state and date of final disposition?

What can be done in an instance such as this

> I'm not sure I understand what you're asking... against the CRA - report incorrect he received? To seal his records? If conviction was reportable? If you can give addt'l details, I'll try to assist...

 

[mycarlb]

I'm sorry... I wrote that in a hurry... what I was referring to was the statement you made to the OP that the reporting agencies, per the federal government, were not supposed to disclose anything that was over 7 years old to the prospective employer.

In my brother's instance, they did infact go back many years past this 7 year mark, in fact, they went back 22 years.

How can he prevent this from happening? or is there any legal ramifications if the CRA goes against federal guidelines?

 

[CO19]

I'm sorry... I wrote that in a hurry... what I was referring to was the statement you made to the OP that the reporting agencies, per the federal government, were not supposed to disclose anything that was over 7 years old to the prospective employer.

Under federal law, a CRA (pre-employment screening company) cannot report ***arrests that did not result in conviction **** beyond 7yrs.

I can't answer your question regarding if it was reportable w/o knowing the STATE conviction occured in. Each state has own laws on arrest/conviction reporting...

 

[mycarlb]

Oh I understand... we live in NY state... I wanted to say thank you to for helping me understand this. My brother just called me to let me know he got a great job offer from a stock transfer agent here... he starts Monday!!! So it looks like finally someone is willing to let his past be in his past and give him a chance to prove himself...

Thank you again for being so kind

 

[CO19]

Oh I understand... we live in NY state... I wanted to say thank you to for helping me understand this. My brother just called me to let me know he got a great job offer from a stock transfer agent here... he starts Monday!!! So it looks like finally someone is willing to let his past be in his past and give him a chance to prove himself...Thank you again for being so kind

Great, I am so happy to hear that! I try to tell my clients (employers) to really look at the big picture and not *just* the criminal history of the applicant... I just believe that *most* deserve to have normal jobs like everyone else after they've paid their dues.... luckily, my clients tend to agree.

Anyways, in NY a conviction can only be reported up to 7yrs *unless* the applicant either earns or is expected to earn $25K or more (ART 25- §380-j). Sooo, if he was, then the CRA was within their rights to report the convictions beyond the 7ys.

Best of Luck to your brother!