What criminal history information do I have to disclose on a job application?
It is important to be accurate and truthful. Dishonesty on a job application can be grounds for termination – even years later. Since many court records are readily available online, a quick search can show you what your employer can see about you and also maybe refresh your memory.
However, you also don’t want to provide too much information. While most convictions or pleas must be disclosed, you do not have to disclose arrests, minor misdemeanor convictions, expunged records or dismissals from alternative sentencing. Juvenile records are often sealed and therefore do not need to be disclosed, but if sealing was not timely requested or if the request was denied they may remain on record.
If a background check is part of the hiring process, the Fair Credit Reporting Act requires the employer to get your written authorization first and notify you before requesting the background check. The same federal law requires the employer to give you a copy of the report and a summary of your rights if your application is denied based on the background check.
For more information, legal advice, or representation for expungement, criminal defense, or in Juvenile Court, contact us to schedule a consultation.
Jennings Law Offices, LLC 