Criminal Background

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Scooturtle

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Yesterday I was fired due to my employer hearing a rumor that I had a criminal history. It's true, I have a past. When I was 18 I bounced a check....long story. Since then my record has been expunged. The employer never did a criminal background check and doesn't have the legal right to (according to him) I offered to bring him a copy of my background and he refused. He said he couldn't legally look at it because I didn't sign anything saying he had a right to. SO, I was fired for saying "No" to the criminal history question on my application. Falsifying records. They have no concrete evidence that I have a prior and are only going on word of mouth alone. My record has been expunged so I'm assuming I have the right to say "No" to that question. What do I do next? Do I have a legal right to do ANYTHING? I've filed for unemployment and awaiting a call from the labor board, but do I have any legal rights here? Can they fire me without concrete evidence? And how do I answer when asked "have I ever been convicted of a crime?"
 
There is nothing illegal about firing you for falsifying your application form even if your employer didn't have concrete proof. For one thing, they don't need it. For another, the employer's judgement was correct. You did falsify the application as you did have a conviction.

The trouble with relying on an expunged criminal record is that the conviction is only expunged at the courthouse where you were convicted. All other related records, including your arrest record, are still in the public domain. If you did a google search on your name, you might come across a record of your prior arrest and/or conviction quite easily. Every time you answer "no" to that question on an application form, you will be running the risk that your past conviction will show up, depending on the means the employer uses if they do a criminal background check or if someone tells your employer about it.
 
I agree with Beth. If you falsified information they had a right to fire you. Criminals are not in a protected class even if you do have a verifiable record. Go to your supreme court website, or county municiple court. If they post records online one can possibly enter your name and see some case history.
 
I believe you may have a case depending on what state you live in. I handle many cases that are similar. In Pennsylvania, a statute is enacted to prevent employers from firing employees based upon their criminal background. You had no duty to report the crime if your record was expunged. Check my web site Dionandgoldberger.com. Go to "employment discrimination" page and click in "criminal background."
 
I believe you may have a case depending on what state you live in. I handle many cases that are similar. In Pennsylvania, a statute is enacted to prevent employers from firing employees based upon their criminal background. Many states have similar statutes. You really had no duty to report the conviction being that your record was expunged. Check my web site Dionandgoldberger.com. Go to "employment discrimination" page and click in "criminal background" for more information.
 
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