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The company I work recently bought by a publicly traded

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Hello, The company I work...
Hello, The company I work for was recently bought by a publicly traded company. As part of the transistion to the new company I will have to undergo a background check. I have 2 things in my background that could cause a problem with my background check. Can you give me some guidance on the laws, how far back they typically conduct a background check, etc?
Submitted: 2 years ago.Category: Employment Law
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11/16/2015
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,342
Experience: Employment/Labor Law Litigation
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The federal laws put no time limit on how far back a criminal offense is reported, so if it exists it can be reported under Federal law unless and until it is expunged (some offenses can be expunged from your record after a certain period of time....this is a state by state, offense by offenses determination that you should seek assistance from a local trial defense counsel to process).

Now, that being said, many states have passed their own laws limiting the reporting of some or all criminal convictions that are 7 years old or older. You didn't list your state, but if you want to ask a follow up using REPLY, I can check your state specifically. Of course, the limitation is on the reporting agency, so if your employer uses a background check company in a state without restrictions (and many employers do use outside agencies), then the limitations imposed in the state where you live won't really apply.

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Customer reply replied 2 years ago
They use an outside agency to conduct the background search. The company they use is called Aurico (which seems to be located in IL). I live in NJ but, where i was convicted was in NY 13 years ago.
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years ago

Ok. Where you work and the location of the offense are not relevant. What is relevant is the location of the company that conducts the review.

As I suspected, it appears that Illinois was chosen for a reason (and why that background check company operates there). They have no limitation on background checks for criminal convictions. They can look back for as far as there are records.

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Customer reply replied 2 years ago
Do you know if they typically have a number of years that they look into your background or is it normally indefinitely?
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years ago

If you're talking about the search company, they look at everything. It would be more work to limit their search. They just pull up the information on a computer database and everything comes up for them.

As for the employer, unless they have some sort of policy where they personally impose on themselves a requirement to not consider anything older than 7 or 10 years (whatever they may choose), they also look at everything.

I couldn't tell you what an individual employer chooses to do though. I would operate from the assumption that both the reporting company and employer will look at everything there is to see. However, if you've been a valued employee for this entire time, the employer can (and usually does) take that into consideration also.

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Allen M., Esq.
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Satisfied Customers: 19,342
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