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I am from ohio attempting to get a job in PA. In ohio if a…

Customer Question
I am from ohio...

I am from ohio attempting to get a job in PA. In ohio if a conviction was over 7 years we do not have to disclose. do you know if this is true?

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

HR. They said they were doing a background check for the oast 10years

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

My conviction was in the 90's No. I am aapplying for a job and they said i am disqualified now because I didn't tell them about the conviction

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They said I need to have my lawyer fax them info that i was told by them that if a case was a certain amount of years i didn't have to disclose ok

Submitted: 25 days ago.Category: Employment Law
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Answered in 21 minutes by:
3/30/2018
Employment Lawyer: Michael Bradley,
 replied 25 days ago
Michael Bradley
Category: Employment Law
Satisfied Customers: 1,377
Experience: Owner at The Protection Group LLC
Verified

what was the conviction for?

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Customer reply replied 25 days ago
One for Burglary in 1996
One for DV in 2003
Employment Lawyer: Michael Bradley,
 replied 25 days ago

on the PA application what was the question regarding criminal contacts?

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Customer reply replied 25 days ago
Burglary and domestic violence
Customer reply replied 25 days ago
It asked if I had ever bee convicted of anything other than a traffic violation. I said no. I spoke with the HR person before I filled out the info and was told the BG check would go back 10 years so the things that happened later i did not disclose. I was always under the impression in (ohio) anything after 7 years was optional to disclose.
Employment Lawyer: Michael Bradley,
 replied 25 days ago

there is no such law in PA about any time limit to disclose any criminal contact

so they ran a check that went all the way back past 10 years?

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Customer reply replied 25 days ago
they did. All the way back to 1996
Employment Lawyer: Michael Bradley,
 replied 25 days ago

did you ask why they told you that there was only a 10 year look back and they went all the way back

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Customer reply replied 25 days ago
What they are saying I need to do to still be considered for the job is to have a lawyer fax the company to say that the lawyer told me that I did not have to disclose after a certain amount of years. I was just under the impression that since the HR person said it goes back ten years I didn't need to disclose. Also because of what employers do in ohio. Since I have been working I have always done this and never had any problems. I thought you had to disclose everything you've ever done in a lifetime if you were getting a government job. My record is in the process of being expunged but it has not been completed.
Customer reply replied 25 days ago
The HR person said her hands were tied. The only thing to save me was the fax from a lawyer. I'm just not sure now if there is an EXPLICIT law that states you do not have to disclose in Ohio after 7 years.
Employment Lawyer: Michael Bradley,
 replied 25 days ago

pay attention to page 2-3

https://lasclev.org/wp-content/uploads/2011/05/Understanding-and-Sealing-Criminal-Records-in-Ohio.pdf

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Customer reply replied 25 days ago
basically there isn't anything I am able to do. I disclosed to the person that interviewed me and to the HR person on the phone, but failed to do it on the application but I imagine that will not make a difference. But there is no Ohio law specifically that states you don't have to disclose after 7 years... correct?
Employment Lawyer: Michael Bradley,
 replied 25 days ago
Unfortunately you are correct. I could not find anything specific with regard to Ohio law or statute that talks about a seven-year prohibition. The one thing that I was able to find was what I sent to you where buy Ohio follows Federal standards and does not look beyond the 7 year. It also appears that they differentiate between what you have been charged with and what you have been arrested and found guilty of
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