How many years can a prospective employer go back on a background check?
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How many years can a prospective employer go back on a background check?
I was convicted of a felony in 1994. Can employers go back 16 years?
Asked on August 31, 2010 under Employment Labor Law, Nevada
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
There are no rules on how far back an employer is allowed to check on a person's background. Most employment relationships are what is known as "at will". This means that most employers can hire and fire employees for good, bad or no reason at all; unless there is a stated company policy or union/employment agreement to the contrary, or this situation has arisen due to some type of actionable discrimination (and having a criminal conviction does not qualify). I suggest hiring a lawyer to look into this for you. Possibly there is a way to clear your record through pardon or the like.
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