How is an out-of-state conviction treated for employment purposes?

UPDATED: Oct 1, 2010

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How is an out-of-state conviction treated for employment purposes?

From my understanding, in CA criminal records cannot be used for employment purposes after 10 years. If one was convicted of a felony in IL past that time period, does this rule still apply? Can a CA employer seek out of state criminal record information, and use that as a bar for employment?

Asked on October 1, 2010 under Criminal Law, Illinois


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

Answered 12 years ago | Contributor

Federal Law allows the reporting of criminal convictions indefinitely.  Your privacy rights here will be governed by the protections that your state offers, if any, on the matter.  Also, your criminal record can not, on its own, disqualify you from getting a job.  The Equal Employment Opportunity Commission and equal opportunity employment laws enacted have seen to that.  There is a balancing test used and a number of factors considered.  Have you ever thought of having the conviction expunged, or sealed depending on the state laws, if you qualify.  It may be a good thing for you to look in to so that you do not have to worry about this any longer.  Good luck.

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