Part 3. What Cannot Be in a Background Check Report?
The federal Fair Credit Reporting Act (FCRA) sets national standards for employment screening. However, the law only applies to background checks performed by an outside company, called a "consumer reporting agency" under the FCRA. The law does not apply in situations where the employer conducts background checks inhouse.
Your state may have stronger laws, such as California's Investigative Consumer Reporting Agencies Act (Civil Code §1786) and the California Consumer Credit Reporting Agency Act (Civil Code §1785). In addition, many state labor codes and state fair employment guidelines limit the content of an employment background check. (For more on the FCRA, see Part 5.)
Under the FCRA, a background check report is called a "consumer report." This is the same "official" name given to your credit report, and the same limits on disclosure apply. The FCRA says the following cannot be reported:
Bankruptcies after 10 years.
Civil suits, civil judgments, and records of arrest, from date of entry, after seven years.
Paid tax liens after seven years.
Accounts placed for collection after seven years.
Any other negative information (except criminal convictions) after seven years.
The most recent change to the FCRA made criminal convictions reportable indefinitely. California still follows the seven-year rule (CA Civil Code 1786.18) AS DO SOME OTHER STATES. To find the limit for reporting criminal convictions in your state, contact your state employment agency or office of consumer affairs. Other laws that should be considered:
Arrest information. Although arrest record information is public record, in California and other states employers cannot seek from any source the arrest record of a potential employee. However, if the arrest resulted in a conviction, or if the applicant is out of jail but pending trial, that information can be used. (California Labor Code §432.7).
In California, an exception exists for the health care industry where any employer who has an interest in hiring a person with access to patients can ask about sex related arrests. And, when an employee may have access to medications, an employer can ask about drug related arrests.
Criminal history. In California, criminal histories or "rap sheets" compiled by law enforcement agencies are not public record. Only certain employers such as public utilities, law enforcement, security guard firms, and child care facilities have access to this information. (California Penal Code §§11105, 13300) With the advent of computerized court records and arrest information, however, there are private companies that compile virtual "rap sheets."
Employers need to use caution in checking criminal records. Information offered to the public by web-based information brokers is not always accurate or up to date. This violates both federal and California law when reported as such. Also, in California, an employer may not inquire about a marijuana conviction that is more than two years old.
forcing dont know your states law but spend some time and go over all of that web site got to go will check in on you later and dont let no one tell you you cant work driving truck theres only about 3million great felon drivers that have made mistakes if these large gas terminals that check our drivers fully dont mind no one else should theres no insurance that tells them they cant hire you good luck might be real late im running late
will i get a job ?
Discussion in 'Questions From New Drivers' started by forcing, Mar 9, 2006.
Page 2 of 3
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hey i have found at least 50 it will be better for you to just go to cdljobs.com click on company driver and your there good luck let me know
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Some companies hire ex felons, some don't. When I was going to school for my CDL, I was the only person there with a clean record, and the only person paying for their schooling out of pocket. So I can tell you from my experience, that some companies will hire exfelons. You actually have an upper hand in that respect, you're probably eligible for some type of rehabilitative grant. My suggestion ( if you really are interested in pusruing a career in truck driving, and you believe your felony is your onlly drawback) is to ask companies themselves. Their recruiters will be able to give you a better answer in that respect than anyone here would, I think.
Good luck to you on your search. -
If you're breathing, cr england will probably hire you. That seems to be their main criteria.
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Carriers that do business in Canada, as some have offered, will be the most likely to not hire you with ANY felony conviction on your record, because of Canada's prohibition of allowing anyone with a felony conviction on their record across their borders. So...looking at companies that operate within the lower 48 is what you may be limited to.
Okay, this mistake is now essentially six years in your past. With it being older than five years old, this opens up some doors to you, as long as you have a spotless record since then.
The best piece of advice I can give you, is to be completely honest about it, and you might want to sit down and prepare a typewritten statement, briefly explaining what happened, express your remorse, and that you have your life back on track. That's it. When you fill out any application, include this statement with it. You'd be surprised at how well something like this is received by those who make hiring decisions. It's a demonstration of honesty, taking responsibility for what you did, and that you are attempting to deal with it, rather than taking the tactic by so many, of trying to hide it and/or run away from your past.
Probably, as some have offered, the larger carriers will not give you a second look, and that's okay. There are others, who will be more likely to take the time to look into this, and who may decide to interview you, and make their decision based on how you present yourself in that interview. Will they be the best companies? Not likely, but then, who knows? You may find a decent company willing to work with you.
The smaller they are, the more likely they will take the time to look past this thing you did six years ago, and to give you a chance. I know I always looked for the best in people, and I have rarely been let down when I gave people that second chance.
I wish you the best of luck, keep us posted, and of course, call on us if we can help you along the way to what you seek. -
As an employer, a few years ago we hired a driver with a felony conviction. He explained his situation, we checked his references, his driving record was clean as a whistle, & we decided he was worth the risk. Our Insurance Carrier was willing to insure him.
Of course, every company's policies about this are different.
TT's suggestion of calling from a phone other than your primary one or blocking your phone number is a good one. I believe you'll be hard-pressed to find a blanket statement about this across all companies.
He was a fabulous employee and a careful driver. Courteous to our accounts. Meticulous about his logs.
Unfortunately for him, he returned to his old ways and gave us a hot urine. We had to let him go.
[disclaimer: we do not run CDL drivers, straight trucks only]
Good luck to you!
ETA: We also explore to see if it was a youthful indescretion or indicative of a pattern of behaviour. -
hey forcing any luck?
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Had he not tried to claim work-related injury - with enough red flags to raise eyebrows - we wouldn't have tested him at that time. Although with random pulls, who knows. *shrug*
We take drug & alcohol testing VERY seriously. -
sudsie said:We take drug & alcohol testing VERY seriously.Click to expand...
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