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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: 3 months ago.Category: Employment Law
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Answered in 21 minutes by:
3/30/2018
Employment Lawyer: Michael Bradley,
 replied 3 months ago
Michael Bradley
Category: Employment Law
Satisfied Customers: 1,517
Experience: Owner at The Protection Group LLC
Verified

what was the conviction for?

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Customer reply replied 3 months ago
One for Burglary in 1996
One for DV in 2003
Employment Lawyer: Michael Bradley,
 replied 3 months ago

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

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Customer reply replied 3 months ago
Burglary and domestic violence
Customer reply replied 3 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.
Employment Lawyer: Michael Bradley,
 replied 3 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?

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Customer reply replied 3 months ago
they did. All the way back to 1996
Employment Lawyer: Michael Bradley,
 replied 3 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

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Customer reply replied 3 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 reply replied 3 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.
Employment Lawyer: Michael Bradley,
 replied 3 months 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 3 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?
Employment Lawyer: Michael Bradley,
 replied 3 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
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