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I was curious how far back the state of va will allow an…

Customer Question
Hi! I was curious...

Hi! I was curious how far back the state of va will allow an employer to do a background check

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Virginia

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will and it’s full time

Submitted: 6 months ago.Category: Employment Law
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Answered in 11 minutes by:
12/2/2017
Employment Lawyer: Olivia Kent, Attorney replied 6 months ago
Olivia Kent
Olivia Kent, Attorney
Category: Employment Law
Satisfied Customers: 3,629
Experience: Partner at Kent Law Group, LLC
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is general information for educational purposes only and does not constitute legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can.
ANSWER: In Virginia there is no restriction to how far an employer can look in a background check - though I think it's reasonable to say the older a conviction is the easier it is for an employee to explain it. The things some people do in their youth can get them into trouble but at the same time many employers understand that some people make "youthful mistakes." I hope I've answered your question. If you don't need any additional information, could you please take a moment to check the box stating that I answered your question so that I receive credit for working with you. It doesn't cost you anything extra and it allows me to get credit for helping you. Sometimes people aren't aware that experts don't get any credit for the time and effort that we spend on our answers unless you rate it positively (3 or more stars - 5 is definitely appreciated!). If you have follow up questions I'd be happy to answer them as well. You CAN still ask follow up questions after rating. There may be a lag between your question and my answer; this is because I'm either not at my computer or helping someone else but I assure you I will ALWAYS come back and answer your questions.

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Employment Lawyer: Olivia Kent, Attorney replied 6 months ago

In fact, in some cases, "an employer's use of an individual's criminal history in making employment decisions may, in some instances, violate the prohibition against employment discrimination under Title VII of the Civil Rights Act of 1964." See https://www.eeoc.gov/laws/guidance/arrest_conviction.cfm#IIIB

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