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So I interviewed , got the position, put in my two weeks at current job, then started.
Signed my acceptance letter, non compete, payroll info etc...
Now 4 weeks later saying my background check came up with a flag. Which is random because have a marjuana charge from college expunged -- IM 30 now- been expunged for 8-9 years now.
Regardless of the above ... why would they start me without conducting these screenings first???
Did your employer expound on the "flag"--- are you for sure this is because of the MJ charge?
Was it actually expunged, or was it dismissed? A lot of applicants I spoke to claimed their records/convictions were expunged when they, in fact, had not been. This could have been a clerical error, or lawyer's failure to get everything filed correctly, or their failure to complete any terms of expungement. Did you have any community service or probation that was not completed or satisfied?
Did you have a question on your initial application asking if you had ever been convicted or charged with anything? If so, did you reveal the charge? (I realize if you knew the charge to be expunged, you would not have disclosed this-- but if it wasn't actually expunged and it showed up on your bgc, then the company can easily claim falsifying a document and retract their offer)
Depending on the weight/requirement of education with your new company, could this flag have come from inconsistencies in your stated education and what was discovered on the background check?
I'm not judging you or implying fault necessarily----- so please don't take my questions this way. I worked in background checks for a major company, and am trying to help figure out what happened. By law, your employer must give you a copy of your report, so you will at least be able to see what is on there. I'm sorry this has happened to you--- hopefully there is an easy fix.
Oh--- and as to the question of why they would start you---- some cities have Ban the Box legislation which prohibits them from asking on the initial application if you have ever been convicted of a crime. So the company's only recourse is to wait until the offer has been extended to run a background check. If they find a charge or whatever that goes against their company policy/requirements, they can then terminate the employee. Ban the Box is meant to put all applicants on a level playing field, but it creates a lot of wasted time and money for both company and applicant when a bgc comes back unacceptable.
So I interviewed , got the position, put in my two weeks at current job, then started.
Signed my acceptance letter, non compete, payroll info etc...
Now 4 weeks later saying my background check came up with a flag. Which is random because have a marjuana charge from college expunged -- IM 30 now- been expunged for 8-9 years now.
Regardless of the above ... why would they start me without conducting these screenings first???
Well, I'm on a "10 Day Probation" so they are (Supposedly) focusing on my work and such to decide if I'm to be let go or kept....Simply that I have heard of 90 day probation, so they simply were digging deeper and found something...
My only guess is that the background check was done before you started but this particular portion of it came back very late?
I don't know, that's all I got.
If the company sees this BS charge from a BS offense that happened 8-9 yrs ago as an issue, then they are complete idiots.
I really hope they are rational. Best of luck OP.
Edit: My strong guess is that this won't be an issue because it's all done. They decided on you, you decided on them, everything is in place. It's a PITA to do another search for someone.
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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It's just guessing to suggest what's going on in your case. We have requirements for certain jobs that have to be met in order to keep the job but are not required ahead of time. While we have a 6 month probation, if these are not met within 30 days, the person could be let go, though I have not seen that happen. Such things as Notary Public certification, TWIC or other card requiring additional background checks. A pot issue wouldn't matter here since it's legal, though we do have a policy against being stoned on the job. Hopefully it all works out for you.
Funny true story. Many years ago when my brother finished college and started working in this engineering firm, the company that they hired to do background check came back with a huge red flag. It said my brother was convicted of felony murder and was serving a sentence. Without even asking my brother, they let him go barely a week after he started working. Fortunately, he had another offer and that offer was still open.
It never occurred to them that someone was serving a sentence for felony murder couldn't have been showing up to work like that.
Point is they could have mistaken you for someone else like they did with my brother. Background checkers sometimes are not the brightest in the lot. Just saying.
Your right to see background check is protected under Federal law
Under Federal law, you have a right to see the check if any adverse action is taken as a result, this is part of your protections under the The Fair Credit Reporting Act (FCRA). It's entirely plausible that the report has erroneous information, some cheaper outsourced services just run a bunch of automated queries and through it all in a template, make no effort to confirm accuracy.
Federal law also has further restrictions on reporting of arrests where there was no conviction.
Additional protection varies by state. In my state, an employment application can ask “Have you ever been arrested for or convicted of a crime that has not been annulled by a court?”. And in Pennsylvania, an employer may consider convictions in the hiring process only if they relate to your suitability for the job.
Now 4 weeks later saying my background check came up with a flag. Which is random because have a marijuana charge from college expunged -- IM 30 now- been expunged for 8-9 years now.
Was the charge thrown out in court, or did you go to court and make some kind of plea deal? If you were never convicted, I don't see any issue. But if you were, you lied on your application have you ever been convicted of a crime. Companies look at it as if you lied about that, what else are you lying about? Is he trustworthy?
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Your right to see background check is protected under Federal law
