How far back can an employer go in a background check?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How far back can an employer go in a background check?

I was given a pre-employment background check and they went beyond the average 7 year check. They stated that I was ineligible for employment due to an issue that happened 22 years ago. Is this legal for a job that pays $15 an hour?

Asked on July 17, 2012 under Employment Labor Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You hail from the state of California and California does limit the number of years but only on certain issues, such as credit reporting.  I do not believe that they limit criminal background checks.  So then they could go back as long as they want.  If it is a criminal incident from that long ago consider expungement or seal or pardon, which ever would apply.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption