California  |  Employment Law

Legal Question

Asked on: 7/11/13, 4:40 pm

I applied for a large corporation about 6 months ago. The application asked " in the last seven years, have you ever been convicted of a felony?" I said "no" because my conviction for armed robbery was almost 10 years ago.

I then went through about 6 months of interviewing and testing. Out of 1,500 applicants, they chose 50 or so. I was one of their first choices. But the offer was "contingent on passing a background check." Again, the question specifically asked about convictions in the last seven years. I understand also that the law here (California) says that nothing over 7 years can be reported unless it pertains to the type of work--in my case, it doesn't.

One more bit of information: my conviction was about 10 years ago; but my release was 3 1/2 years ago and I got off parole 1 year ago.

My question is:

a) can the background check agency legally report this?

b) can the company I applied for use it against me given that I was honest in answering their specific criteria?

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