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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 13516
Experience:  Employment/Labor Law Litigation
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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 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?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: HR. They said they were doing a background check for the oast 10years
JA: Are you an "at will" employee? Do you belong to a union?
Customer: 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
JA: Anything else you want the lawyer to know before I connect you?
Customer: 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: 7 months ago.
Category: Employment Law
Expert:  Michael Bradley replied 7 months ago.

what was the conviction for?

Customer: replied 7 months ago.
One for Burglary in 1996
One for DV in 2003
Expert:  Michael Bradley replied 7 months ago.

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

Customer: replied 7 months ago.
Burglary and domestic violence
Customer: replied 7 months 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.
Expert:  Michael Bradley replied 7 months 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?

Customer: replied 7 months ago.
they did. All the way back to 1996
Expert:  Michael Bradley replied 7 months ago.

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

Customer: replied 7 months 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: replied 7 months 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.
Expert:  Michael Bradley replied 7 months ago.

pay attention to page 2-3

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

Customer: replied 7 months 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?
Expert:  Michael Bradley replied 7 months 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