There can be good news and bad news concerning background checks by prospective employers. The good news is that if they’re going through the hassle of a background check, they must really want you. The bad news is that if they find something questionable, they could change their minds in a hurry.
Employers don’t want to hire someone with a documented history of getting into trouble. Therefore, many companies are turning to third-party screening firms to delve into your past well beyond checking references and verifying your employment history.
Legally, they must ask your permission beforehand. However, once they begin looking into your past, they can check for just about anything. Potential employers may look at criminal records for DUIs and sex offenses, drug test results, your education, and your financial history including credit income, liens or bankruptcies. Because of this, you might want to consider expunging your record before your next job interview.
Some employers may be looking for specific skeletons in your closet. For instance, companies in the financial services industry would want to check your credit history. Although these requests have been in decline recently, and some states have banned employers from using them.
Employment with law enforcement will necessitate fingerprints. It is important to note, however, that the FBI fingerprint database used to check your criminal record is not always free of errors, nor is it always complete.
If a potential employer does come across something of concern during the course of your background check, they are obligated to inform you by letter that a red flag has been detected, and attach a copy of the report from the third-party firm.
Then the employer must give you time to rectify the error or explain the matter- approximately five days, although the Fair Credit Reporting Act does not specify an exact time. At this point, the employer may decide to simply move on to the next qualified candidate. If they do so, they must send you an “adverse action” letter explaining that the decision to not hire you was founded on something in your background check. Furthermore, they must provide you with contact information for the firm that created the report.
Expunging or Sealing Adult Criminal Records
In Colorado, typically it is not possible to expunge or “seal” a conviction from your criminal record, even if you have completed probation. However, there are a few exceptions for offenses involving controlled substances.
Additionally, you may have your records sealed if you were arrested without being charged, or were arrested, charged, but not convicted. Having your record sealed, or expunged, eliminates the need for you to disclose that information because it’s as if it never even happened. Without Expungement, your potential employer could decide not to hire you – just because you had been arrested and charged with a crime in the past – even if you were not convicted.
The laws pertaining to sealing of records are complicated, and some exceptions do apply. An expert Colorado criminal defense attorney can assist you with this matter.
Contact Our Boulder Expungement Lawyers
If you need your criminal record expunged or have questions about eligibility, contact our law firm today. Contact the Boulder criminal defense lawyers at Steven Louth Law Offices today for a free consultation and review. Call us at (303) 422-2297 to learn more about expunging your record and starting life anew!