Found an issue on this page? Let us know and we will look into it as soon as possible.
Is there a statute of limitations for employers to find your "criminal history"??
Anonymous3 views3 answers
I am being considered for a medically-related position,unfortunately, I possess a criminal-past(1-felony), over 5 years old, from another state!! Can this be "uncovered" during a background check?? I haven't had so much as a single traffic ticket since then...How can I bypass them finding this information w/o having to pay for court,lawyer fees to obtain an "expungement"??
Okorie OkorochaDUI / DWI AttorneyStudio City, CA ·
Expungements are of little value in my opinion and the employer can find out any time. There is no time limit.
My standard disclaimer: I am not offering legal advice, assume I do not know the law in your state and that I am just making suggestions for starting points for when you do speak with an attorney. Do NOT rely on anything I write and contact a lawyer in your area immediately after reading my posting.
The statute of limitations applies to when a lawsuit (either criminal or a civil suit) can be started.
It depends on what the employer is using for their background check information as to whether or not they'll find it. If you don't disclose the prior conviction and are hired, then they later find out, you can be terminated for lying on the application.
Depending on the charge you have from the past and where it happened, an expungement may allow you to tell most employers that you have not been convicted of a crime. You may still have to disclose if you're applying for a state license or certain other employment, but an expungement is of value so you won't be in the position you're in right now. If you meet the criteria for an expungement, it should be a fairly straight-forward matter for an attorney to handle for you for a flat fee.
.
If you received probation on your felony case and you successfully completed probation, you are eligible to seek an expungement. If you were sent to prison on the felony, you are not eligible for expungement.
If you do not have the funds to hire a private attorney, I'd suggest checking with the probation department in the county where the conviction occurred. They may provide you with the neccessary forms to seek an expungement. Once the conviction is expunged most employers will not be able to find out about the prior conviction and you are legally permitted to state that you've never been convicted of the crime.
Certain employers can still obtain information regarding the conviction. If the application states that you must disclose expunged convictions, you must do so.