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  • Background checks Tennessee

    Under Federal regulations employers are allowed to go back 7 years for background checks, However each state can set their own laws in this matter. I was recently denied a job after being told I had it because of something that was on my record from 1999. What was on my record had nothing to do with the job I was applying for nor was it a violent crime. It is considered a paper crime in most states and I even disclosed this information in all three of my interviews. During my last interview I was given orientation dates and times, a tour of the office, introduction to other employees, and told the job was mine once all paperwork came back from my drug screening and such. I passed the drug screen and my driving record and all else was nothing different then what I had told them about, however I was told that human resources had denied my employment. Is this legal seeing how the age of my offense is 6 years beyond what the federal government says?

    I have made mistakes in my past but have paid for them and am one of the ones who has turned my life around and to be still judged for it after this long is heartbreaking

  • #2
    Reality Bites

    Originally posted by Xtina66 View Post
    Under Federal regulations employers are allowed to go back 7 years for background checks, However each state can set their own laws in this matter. I was recently denied a job after being told I had it because of something that was on my record from 1999. What was on my record had nothing to do with the job I was applying for nor was it a violent crime. It is considered a paper crime in most states and I even disclosed this information in all three of my interviews. During my last interview I was given orientation dates and times, a tour of the office, introduction to other employees, and told the job was mine once all paperwork came back from my drug screening and such. I passed the drug screen and my driving record and all else was nothing different then what I had told them about, however I was told that human resources had denied my employment. Is this legal seeing how the age of my offense is 6 years beyond what the federal government says?

    I have made mistakes in my past but have paid for them and am one of the ones who has turned my life around and to be still judged for it after this long is heartbreaking
    Sadly yes.
    and,
    your momma lied to you,
    welcome to the real world.
    ..______________________
    ~ Our path is worn, our feet are poorly shod,we lift up our prayers against the odds, and fear the silence is the voice of God.
    Like falling stars from the universe we are hurled,
    down through the long loneliness of this world,
    until we behold the pain,
    and become the pearl ~ Emmylou Harris.
    Last edited by drruthless; 04-19-2013, 08:04 PM.

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    • #3
      Originally posted by drruthless View Post
      Sadly yes.
      and,
      your momma lied to you,
      welcome to the real world.
      ..______________________
      ~ Our path is worn, our feet are poorly shod,we lift up our prayers against the odds, and fear the silence is the voice of God.
      Like falling stars from the universe we are hurled,
      down through the long loneliness of this world,
      until we behold the pain,
      and become the pearl ~ Emmylou Harris.
      Not to be rude but this was a real question not one looking for a sarcastic response

      Comment


      • #4
        Das ist in der Doktor!

        Originally posted by Xtina66 View Post
        Not to be rude but this was a real question not one looking for a sarcastic response
        Not to be rude
        you got a real answer.
        Sorry if it wasn't the one you wanted.
        While Federal law may allow an employer to go as far back as seven years there is no law prohibiting them from going back further nor are there laws mandating that they disregard any convictions found beyond that seven year limit.

        However, due to recent or pending legislation, you may have legal recourse if you feel you have suffered discrimination due to your past criminal history.
        I agree, you have paid your debt to society and depending on the offense, mistakes made in ones past should not automatically prevent them from being hired, but the reality of it is in a free society such as ours, you cannot hold a gun to the head of every employer and dictate who or who not to hire.
        The problem of discrimination resulting from ones criminal history is just now starting to be addressed and it's going to be a long uphill fight before it's eliminated.
        I would suggest you seek legal council if you feel that strongly about it
        Good Luck..
        .._____________
        ~ Free advice is like a public defender,
        you get what you pay for. ~ drr
        Last edited by drruthless; 04-20-2013, 05:59 AM.

        Comment


        • #5
          The 7-year limit is not all inclusive. Employers CAN go back further than 7 years for criminal convictions (which can be reported indefinitely). Additionally, for jobs with an annual salary of over $75,000 a year, the 7 year restriction does not apply at all.

          And if the employer is conducting their own check, rather than having a third party do it, then the restrictions again do not apply at all.

          https://www.privacyrights.org/fs/fs16-bck.htm
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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