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  • hrchance
    started a topic Background Check Maryland

    Background Check Maryland

    We an applicant a position contingent on results of background check and references. We just received the results of the background check and it a felony count with the disposition pending. So technically she was not convicted correct? If this is so can we rescind the job offer based on the background check?

  • Guest's Avatar
    Guest replied
    i would agree with ElleMD ....IF you plan on an adverse decision based on something uncovered by a 3 d party agency you need go look at the notice requirements in FCRA and you might be smart to follow them and be sure the door is properly closed.

    Had you stumbled upon problem based on your own homework it might be different ..or at least worth a phone call to counsel...but that not what you posted ....seems you used a 3 party ...and right now it premature to assume you are not being set up by this same person.

    Be safe...follow ElleMDs cautionary suggestion...

    Leave a comment:


  • ElleMD
    replied
    Depending upon how you did the background check, you may have to give a reason under FCRA. The fact that she lied by omission is a HUGE red flag and a total deal breaker. This is not someone who is honest. No matter what her role or knowledge of what happened at her previous employer, she has already demonstrated she will not be honest with you.

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  • Guest's Avatar
    Guest replied
    I also vote to drop like a hot potatoe..and with NO comments.

    Leave a comment:


  • hrchance
    replied
    Kind of my feelings Elle. Not to mention that she never said a word of this to us at all. And at one point I even asked if she expected that something may show on her background check and she stated that she did not.

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  • ElleMD
    replied
    I'd drop her like a hot potato. Not worth the risk. Unfortunate if she really was set up but if that were true, I'd expect to see her having filed charges against the boss. Either way, if this just went down in June, it is far too soon to know anything yet. If these are criminal charges, then to some extent it already has been reviewed by an outside party and she was found to be less than innocent.

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  • hrchance
    replied
    I have checked out the Maryland Judiciary Cite. The charge was in June . So it is pretty recent. It is related to the job as it is theft over $100,000. Of course she is claiming innocence "she was set up, it was really her boss that did it" (of course her boss is still employed).

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  • ElleMD
    replied
    If you have not checked out the Maryland Judiciary Case Search, you really ought to do so. Great site and a huge benefit for Maryland employers. Note that it only applies to infractions committed and adjudicated in the state of Maryland.

    Leave a comment:


  • Betty3
    replied
    This is the most recent law I have on Md. You can, at this time, pull the offer. If there is anything more recent, I'm sure Elle would know.

    10-109. Prohibited acts.


    (a) Applications for employment or admission.-

    (1) Disclosure of expunged information about criminal charges in an application, interview, or other means may not be required:

    (i) by an employer or educational institution of a person who applies for employment or admission; or

    (ii) by a unit, official, or employee of the State or a political subdivision of the State of a person who applies for a license, permit, registration, or governmental service.

    (2) A person need not refer to or give information concerning an expunged charge when answering a question concerning:

    (i) a criminal charge that did not result in a conviction; or

    (ii) a conviction that the Governor pardoned.

    (3) Refusal by a person to disclose information about criminal charges that have been expunged may not be the sole reason for:

    (i) an employer to discharge or refuse to hire the person; or

    (ii) a unit, official, or employee of the State or a political subdivision of the State to deny the person's application.

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  • ElleMD
    replied
    Maryland does not have any such laws "protecting" criminal backgrounds. Baltimore City is going forward with a "ban the box" initiative but hat is not at play here, even if you are in the City.

    You can legally pull the offer. What I would do is look at what the offense was, how long ago, how related to the job at hand, if the candidate was honest about it (assuming you asked about criminal background) and what the candidate's response was once you brought it to their attention.

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  • HRinMA
    replied
    Is the pending charge related to your business? For instance, I once had a person apply for bookkeeper with pending embezzlement charges. I told the person that she could apply after the charges were settled (she claimed innocence) but that we couldn't hire her yet.

    On the other hand, a DUI charge wouldn't bother us since the employees don't drive during work.

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  • Guest's Avatar
    Guest replied
    Old timers suggestion ..some jurisdictions have laws about not discrimination on issues not relevant to the job..and I believe you are correct as to jargon..no conviction or anything just yet.

    In a true at Will situation you can pull an offer or even an acceptance sort of at will.

    Rather than get into a debate or string an applicant along...might it not be safer to merely punt with as few words as possible along lines that the offer has been withdrawn at this time ...?

    I did more than a handful of background checks..and in a way I detested surprises....IF an applicant had disclosed a potential wart sometime earlier I might feel differently..

    Leave a comment:

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