How far backcan employerdo a background check on you and can they not hireyou for a misdemeanor conviction?

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How far backcan employerdo a background check on you and can they not hireyou for a misdemeanor conviction?

I am applying for a job. I was charged 6 years ago with posession of marijuana in NC. The job that I am applying for is in MA.

Asked on August 23, 2011 Massachusetts

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The efficacy and length of background check depends on the system the employer uses to obtain the information. Usually employers do not limit the length of time they go back but if this is concerning let's say a regulatory authority doing a background check for a license application, usually the laws require the agency to go back at least 10 years and if the crime is a felony, as far back as 18. Your employer will usually not give a maximum time period to go back but will review what it is given per its request for the background check. So if it is an FBI check versus a state police record check, your entire history, including this conviction and sentencing could be seen. Make sure you do not lie on your employment application if you feel this is going to come up.


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