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Criminal Background Check Info. Colorado

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  • Criminal Background Check Info. Colorado

    About 3 years ago I was convicted of a DUI in Colorado and did not tell my employer at the time. I left that position a couple months back and am looking for new work. Can a new potential employer ask my previous employer about my criminal background information? I never gave my previous employer position to perform a criminal background check. Thanks for your help!

  • #2
    (1) yes they can ask if the employer has any knowledge especially if you are listing them as a reference, but unless this is a job covered under an entity like the DOT (where they MUST disclose), I doubt they would. But it's a small world and you never know what connections there might be and what might be communicated.

    (2) If it was common knowledge and can be found by searching your name on the internet, then it isn't covered by needing an authorization to look for it. Pretty much anyone can search criminal records for less than $10 a month and sometimes free depending on the city/county/state records. Most are open unless a judge has sealed them.

    Most employers ask for authorization to do a background check at hire (I don't know a single one that doesn't) usually within other application/new hire paperwork. I'd be really surprised if you never signed one. Now depending on the employer and the job position depends on what they will look for and how they will use it. Something that matters to one employer may not to another. We've hired a lady with two previous DUIs but she doesn't do any job duties that require any driving for work-related matters beyond getting back and forth to work. But she knows that we know about them and that if anything like that happens again and she has to miss work for an arrest/jail time/court time, then her job will be on the line.

    Every background check is different -- some are in house while others are outsourced. Honestly you can never really know what will or will not be found. I have found it is much better to not lie if asked. And to be able to own up to the situation and be able to explain what you learned and what you have changed.


    • #3
      Just be sure not to lie when answering questions on the employment application. Employers do not like people who lie.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.


      • #4
        Does your job require driving as part of your duties? If not, the employer may or may not care about one DUI. But cbg is right that they will probably find it with or without your former employer. Be honest and up front if asked. Don't make excuses, stick to "I made a mistake that will never happen again."


        • #5
          The employment use of criminal background reports for employment are covered under the Fair Credit Reporting Act with all the rules that go along with that. But asking a former employer or Googling a name (to my knowledge) has never been considered a "Criminal Background Check."

          It was mentioned above that many employers have as part of the application many employer have an authorization to run a CBR on new hired. The FCRA does not allow that. The notification and authorization must be on a separate form.

          What I don't understand about your question is if you never told your previous employer about the DUI and you have no reason to think they ran a CBR, why would you even think they know?


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