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They said that they would do a 10 year criminal background.
A few weeks later they sent a letter saying that they found a felony conviction form 2000, and that based on this they were considering revoking the job offer.
My understanding is that they can only go back 10 years.
How can they go further back than 10 years, especially when the provided documentation said they were only going back 10 years?
This job is not working with children, doesn't require police officer status, employer had more than 100 employees, etc etc.
I've done some research and either this employer is not in compliance OR I've completely misread the laws on this stuff.
Left a message for the DC HR folks but nothing back yet.
Would love to hear from informed people on this, either HR types or employment law folks.
Nope. "Ban the Box" refers to asking about criminal background at the time of application; not after an offer. A private company can choose not to hire you for any reason that is not protected (race, religion sex, etc). A criminal record is not protected, whether it is from 2 years ago or 20 years ago.
2-1402.66 of the DC code says that 10 years is the time limit that they can consider felonies.
Thanks for your "help" though.
Stop posting in this thread please.
Wrong again. That code talks to the District of Columbia producing an arrest record. It has nothing to do with private companies conducting private background checks and what they can and cannot consider.
So, you aren't actually looking for feedback, huh? Just looking for people to agree with you?
"Would love to hear from informed people on this...…………….."
My guess would be that as a private dc job but a nonfed agency, you need help from someone in the Mayor's office. Call dcdoes at 202. 724.7000 You are not unreasonable. Good Luck!
My guess would be that as a private dc job but a nonfed agency, you need help from someone in the Mayor's office. Call dcdoes at 202. 724.7000 You are not unreasonable. Good Luck!
The city has very little authority in hiring decisions that don't violate discrimination law. Private employers have wide discretion in hiring.
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