1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Background Check - Misdemeanor from 30 Years Ago

Discussion in 'Criminal Records, Expungement' started by needhelpinpa1234, Apr 22, 2022.

  1. needhelpinpa1234

    needhelpinpa1234 Law Topic Starter New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Pennsylvania
    Thirty years ago, I was involved in a traffic stop on a highway. Because I did not pull over quick enough, the officer said I was trying to get away, but I was only trying to find a safe place to pull over. I was charged with fleeing and eluding. Because I did not have any money for an attorney, and could not take off of work, I took the deal offered not realizing it would haunt me for life. I have been in no trouble since this incident.

    I recently received a job offer and now they want to run a background check. The first question asks have I ever been convicted of a crime. I do not want to lie and say no, but I do not want to say yes and risk losing the job. I have done some research and it appears as though there are two things that may be in my favor: (1) employers and businesses can only look back 7 - 10 years when running a background check and (2) there is the Clean Slate Act that may have made private my misdemeanor from 30 yrs ago.

    Are either or both of these points true? If the first is true, is there any point in answering yes to that question if they can only go back 10 years?
     
  2. Zigner

    Zigner Well-Known Member

    Messages:
    4,950
    Likes Received:
    2,819
    Trophy Points:
    113

    I don't know if such a conviction can be used as a reason to not hire you, but I do know that dishonesty on your application can be used as a basis for not hiring you.
     
    justblue likes this.
  3. army judge

    army judge Super Moderator

    Messages:
    35,014
    Likes Received:
    6,057
    Trophy Points:
    113

    Don't delude yourself, mate.

    These days what someone did in the dark, a light will reveal.

    On all employment applications ALWAYS ANSWER TRUTHFULLY.

    It is better not to be hired than it is to be fired!!!

    Know this, mate, THE MAN or THE WOMAN, can never be outsmarted.

    The all powerful wizards walking and running things on this planet have dedicated protectors guarding their assets and interests.


    STOP over thinking in an effort to outhink our overlords.

    Never underestimate their abilities, especially to learn misdeeds "the wee people" have committed.

    The powerful ones are able to do far more than one can imagine.
     
  4. zddoodah

    zddoodah Well-Known Member

    Messages:
    5,656
    Likes Received:
    1,722
    Trophy Points:
    113

    You can google "pennsylvania clean slate act" and get a wealth of information.

    I don't know the answer to your first question, but there are a few people who post here regularly who have some expertise in employment law matters, so stay tuned. Also, I agree with "Zigner's" point.
     
  5. cbg

    cbg Super Moderator

    Messages:
    8,815
    Likes Received:
    2,032
    Trophy Points:
    113

    I'm one of the employment law people. Exactly what were you convicted of? And exactly what is the wording of the question on the background check?
     
  6. adjusterjack

    adjusterjack Super Moderator

    Messages:
    10,808
    Likes Received:
    4,058
    Trophy Points:
    113

    The point is that you answer the question, whatever it is, truthfully and explain it.

    I doubt that any employer will hold a 30 year old traffic misdemeanor against.

    But they will hold lying against you.

    You're afraid of not getting the job?

    You should be more afraid of getting the job and then getting fired for lying cause that's something that will haunt you going forward.
     
  7. flyingron

    flyingron Well-Known Member

    Messages:
    1,179
    Likes Received:
    576
    Trophy Points:
    113

    You are incorrect about the seven year thing. That only applies to certain checks.
     
  8. Redemptionman

    Redemptionman Active Member

    Messages:
    713
    Likes Received:
    102
    Trophy Points:
    43
    right and they will use what they call a consumer reporting agency. I am assuming you are looking at something around 2k to have it expunged and sealed. This will effectively remove it from the public side of records and not report it. However, it will still be on the record as a background check when you get pulled over by LEOs which means that if you ever get into trouble again it can be used against you.

    Good Luck with it.
     
  9. Tax Counsel

    Tax Counsel Well-Known Member

    Messages:
    2,283
    Likes Received:
    1,374
    Trophy Points:
    113

    Federal law does not regulate what the employer can do, but does regulate what may be on reports provided to the employer (and creditors, etc) but rather states what information may be on reports provided to the employer, creditor, etc., by a consumer reporting agency (CRA). Under a federal law known as the federal Fair Credit Reporting Act (FCRA), a CRA must remove most negative items from the reports it provides to employers, creditors, etc that more than seven years old. There are two main exceptions to that: bankruptcy may remain on the consumer report for up to 10 years and reports of criminal convictions may stay on the reports indefinitely. Most CRAs, however, don't keep traffic information to start with and if they do, they generally remove them after 7 years like other items as a matter of convenience.

    Federal equal employment laws, notably Title VII of the Civil Rights Act, have been held to require that an employer not adopt an automatic ban on employment based on criminal records but rather any rejections based on criminal convictions must be related the job the employee has or is applying for. In other words, the conviction has to be related somehow to suitability for that particular job.

    States are free, however, to have their own laws on consumer reporting that are more restrictive than federal law. Pennsylvania's Clean Slate Act (PCSA) is not one of those laws. What the PCSA does is restrict what the state and local governments may report to others about the covered convictions. Pennsylvania does not have a law comparable to the FCRA that would restrict the reporting of the convictions by a CRA. However, PA does have a law that restricts the employer's use of conviction information similar to federal law — the conviction has to be related to the job that is going to be done by the employee. See the following link that has a summary of federal and PA laws on use of criminal convictions.

    You may be fired or refused to be hired for providing false information on your application as that reflects on your trustworthiness. So generally it is better for you to be honest on the application in the absence of a law that specifically says you don't have to answer that question or may answer "no" to a criminal conviction question on an employment application for your particular offense.

    And finally, realistically extremely few employers would care about a 30 year old traffic related offense anyway.
     
    Zigner and cbg like this.
  10. flyingron

    flyingron Well-Known Member

    Messages:
    1,179
    Likes Received:
    576
    Trophy Points:
    113

    I worked in the intelligence industry and most of my employees had clearances that I can't even divulge the names of in public. I had one guy who was caught driving home from the office doing over 100 MPH on the freeway. He ended up spending four days in jail for that criminal speeding charge. When the investigators came and interviewed me, I had to disclose that I knew of that crime. The guy kind of scoffed and said "traffic." It wasn't at all an issue.

    Now if on the other hand he was going for a CDL-based position, that might have been relevent.
     
  11. Redemptionman

    Redemptionman Active Member

    Messages:
    713
    Likes Received:
    102
    Trophy Points:
    43
    Fleeing is a criminal charge even though traffic related if it was heard in a circuit state court it will show up.
     
    army judge likes this.
  12. Zigner

    Zigner Well-Known Member

    Messages:
    4,950
    Likes Received:
    2,819
    Trophy Points:
    113

    I wonder what the OP actually plead to...
     

Share This Page