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KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
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I recently applied for a position as an administrative assistant

Resolved Question:

I recently applied for a position as an administrative assistant for Indian Health Services. I was given a tentative offer, pending a criminal background check. Since I had just worked for the federal government not long before this I didn't have any question that I would be hired. Then after waiting approximately 45 days. I received a letter stating that under regulation PL 101-630 I could not be hired. I looked up the regulation but it specifies certain types of crimes none of which I believe apply to me. I want to know this is very serious for my future job searching efforts.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  KimberlyLaw replied 2 years ago.
Hello, I am happy to assist you today.

The regulation you refer to, PL 101-630, is a relatively new public law that governs the criminal background that is permissible for any job relating to Indian Children.

The minimum standards of character established in the Indian Child Protection and Family Violence Prevention Act ensure that none of the individuals appointed to positions having contact or control over Indian children have been found guilty of, or entered a plea of nolo contender or guilty to any felonious offense, or any of the two or more misdemeanor offenses under Federal, State, or tribal law involving; Crimes of violence; sexual assault, molestation, exploitation, contact or prostitution; crimes against persons; or offenses committed against children.

It seems that your criminal background check came up with something listed above. I agree, this is serious and is something that you should investigate. There is nothing that they pulled that you are not entitled to as well, so if you really believe that you have never been convicted of any crime, and that this law does not apply to you, you need to pull a criminal record in all cities and states in which you have lived during your life and verify that all records are correct.

It is possible that they made a mistake with your social security number or name and pulled someone else's file. If you are positive this is a mistake, I would send them a letter telling them that you are positive there is no such record and asking them for the source of their information. They are not obligated to give it to you, but they might be willing if you ask.

I hope this helps,
Kimberly

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KimberlyLaw, Attorney and Real Estate Broker
Category: Criminal Law
Satisfied Customers: 3817
Experience: Over 13 years of experience practicing law.
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