Time frame for convictions on Background checks

[mycarlb]

What is the name of your state? New York

I am curious about the back ground checks myself... I was looking at a copy of my brother's that he received as a reason for not being hired with the local cable company... and his last felony (or any trouble with the law) was in 1996... After reading this incredible report, which also included his juvenile record from 1985, it clearly stated that for the purpose of employment, an employer is not to go back over 7 years for either arrest records or financial records...

I am not asking about a law suit or any such thing, because he is a good guy, who understands that the mistakes he made years ago with haunt him forever, but I am just curious if the cable company was supposed to use a record over 7 years old to deny him employment? I feel very bad for him because he has really cleaned his life up and done a 180 - but can't seem to get away from his past.

Thanks for any info regarding the time frame on this... I do appreciate all the knowledge you all have here, and your willingness to share that with us!!

 

[cbg]

It says arrest records and financial records, right? It doesn't say conviction records.

As far as I know, and someone is free to correct me if I'm wrong, barring a specific state law to the contrary an employer is entitled to go back as far as they like on convictions.

 

[CO19]

What is the name of your state? New York

Thanks for any info regarding the time frame on this...


Under federal law, a CRA cannot report an *arrest* to an employer that did not result in conviction beyond 7yrs.

Under NY state law, a CRA can only report a *conviction* beyond 7yrs if the applicant earns, or is expected to earn, 25K or more.

There are 12 states that prohibit an employer from considering *arrests only*... NY isn't one of them.