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CalAttorney2
CalAttorney2, Attorney
Category: Business Law
Satisfied Customers: 10238
Experience:  I am a businesses law attorney, with experience advising and representing owners and investors.
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I already applied at 24 hour fitness and got a second

Customer Question

I already applied at 24 hour fitness and got a second interview. I have a petty theft charge from back in 2010 and I am wondering if it will show up on the background check they run, I ran 3 different checks on myself through different websites and it did not show the charge. Is there a reason they wouldn't?
Thank-you
Nick Close
Submitted: 11 months ago.
Category: Business Law
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

It depends on the type/level of background check that is run.

CO employers have limited access/rights with regard to criminal records, but it is important to understand that they can access them, and disclosure is important if they ask (it is easier to explain a past error in judgment than a current lie on an application): http://www.nolo.com/legal-encyclopedia/colorado-laws-employer-use-arrest-conviction-records.html

A very comprehensive record search will ask for things such as "arrests" (running an FBI level record search - not done for most employment purposes - usually reserved for sensitive positions such as security jobs), while others are looking for very recent events and will gloss over minor infractions (relying on inaccurate reports - probably the same as the ones you did yourself online).

See this link for a discussion of criminal records in CO: https://www.criminal-lawyer-colorado.com/co-law-i/the-criminal-history-and-employment-background-checks-a-tough-road.html

Customer: replied 11 months ago.
it was a misdemeanor in the eyes of Colorado Law and I don't think 24 hour fitness runs FBI background checks so I am good there I just wanted to know why it didn't show up for me and if they will get the same results. So you would assume that it will be glossed over if it was 5 years ago?
Expert:  CalAttorney2 replied 11 months ago.

Without knowing what background check they are running, I cannot promise you anything.

I highly doubt they are doing anything near as expansive as the FBI arrest record. Most employers do not.

A 5 year old misdemeanor is not likely to be a bar to employment, and may not appear on a commercial background check (particularly an inexpensive one), but please do review my note above - it is far easier to explain an old mistake than to explain a fresh lie to an employer - so if they have asked you for convictions and you failed to disclose you may want to amend your response. (But read the question carefully - most of these questions are asked in a very confusing manner - FOR EXAMPLE: they will ask "Have you ever been convicted of a felony? Have you been convicted of a violent misdemeanor? Have you been convicted of a non-drug related misdemeanor in the past 3 years?" - if you were presented with this series of questions, you could truthfully answer "NO" to all of them).

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