What You Must Know About Background Checks

Office Address:
Law Office of David P. Shapiro
3500 5th Avenue
Suite 304
San Diego, CA 92103
619-295-3555
www.davidpshapirolaw.com/
Hi, my name is Ali Keegan, and I'm a criminal defense attorney at the law office of David Shapiro in San Diego, where we help good people regain control of their future when charged with a crime. I am here today with one of our legal assistants, Alyssa Rodriguez. We talk about background checks for employment and all of that. It's a really common question we get when we get calls to the office, be it from former clients, current clients, or people out of the blue that are just trying to do a number of things and want to know what their background check might show.
And that could be because they're looking for new employment and applying for new jobs. It could be because they are applying for a professional license, be it a medical license, real estate, insurance, contractors, you name it. If they have to pass a background check with a professional licensing board, they might need to know as well, or just if you need some sort of security clearance for an agency or something, and you might want to know what that background check is going to tell an employer when they pull it.
So, Alyssa, I know one common question we get and one misunderstanding a lot of people have is when the background check actually comes into play during a job application process. So can you tell us a little more about that?
Absolutely. So the first place you do not want to disclose the criminal conviction or your history is during the first interview. You should not ever be asked about your criminal history or any convictions you may or may not have during the first interview. So the most appropriate time to bring up a criminal conviction history or arrest is typically after a conditional offer has been made. And again, you do not want to disclose or should not disclose a criminal conviction or arrest before that time. And that's something really common where we get a call from someone freaking out because they're walking into that first interview, thinking the employer's going to say, "What kind of criminal history do you have?" And they think they'll have to answer it on the spot.
But the good news is you should not be asked about it right away. It's not until they determine that you would be qualified for the job and they might offer it to you that then they can go back and check those things. So you might have a little more time, than you realize, on the front end. And I know another misconception is that all background checks are created equal. It's not like a one size fits all thing, no matter what you're applying for. So Alyssa, how can those background checks differ based on the type of job you're trying to get?
Sure. So there are two typical different types of background checks. The first type of background check is typically conducted through a private company. So a couple of examples of private companies would be, for example, Target, Cisco, Ralph's, Bonds.
Those are private companies, typically on their background checks they have less access to information. Most times they don't have access to the state records. So they would typically only have a local record that would be completed through the background check. Another important note is that there are... The second type of background check is through a governmental agency. For example, if you are applying for a position in law enforcement or any positions with the County, or the CIA, they are absolutely going to see everything. They will see every arrest, every conviction, every failure to appear. That background check is going to be way more in depth than a private company's background check would be.
And what about expungement? So basically an expungement, legally, is where you get to withdraw your guilty plea and technically dismiss the case after the fact in the interest of justice. And the reason a lot of people try to get their case expunged is because they want to improve their employment prospects. So let's say I have a conviction, my case has been expunged. What does that typically look like on the background check?
Sure. So another two important things to note. So with the expungement, it may appear in one of two ways on a criminal history report. So the first scenario is that the expungement may not appear on the criminal history report at all. Secondly, there is a bit of a misconception with expungements and how they appear on the criminal record in regards to them being completely removed. Again, that may be the exception, it's not always the case, it's not always by default.
So on a criminal history report, an expungement may be listed as, you may see, under the case number and where the disposition reads, "Dismissed." It'll show it was either dismissed in the interest of justice, or it'll say, "Dismissed under penal section 1203.4." Those are synonymous. That is the same thing.

[@searchbug]

Employers and hiring managers are turning to data companies nowadays to help them with pre-hiring process. Most of the time, they conduct background check, criminal record search, and sometimes, even SSN validation to cross-check all possible things that may affect applications of candidates. These different type of searches as part of background checking shouldn't take a week or so, others are even getting the information instantly. Though they may utilize these, there is always a disclaimer that the information they have gathered shouldn't be used to discriminate or suspend anyone without due cause. Thank you for sharing this valuable content, Ali! You're helping a lot of people because of this. 👏

[@Danitapg]

Thank you for taking the time to meet this video.

[@seanosborne87]

Fast food restaurants: "We aren't going to hire you due to criminal background " Also fast food restaurants: "Why can't we find anyone to work for us? " lol.

[@ryanfrizzell736]

Great. Now I know more about background checks.

[@theagathokakological3052]

I just love how these companies be pretending that a background check takes long than one week. Have people waiting a month for something that they can pull themselves within minutes it's the digital age. We not waiting for mail.

[@lisaedge2961]

In agree but 2 background checks took 3-5 weeks. One was a Pharmacy 5 weeks, oh and a bank will take forever. I forgot about that. A bank I applied for literally took 2 months because the do federal and fingerprints. I did not wait on it. I took another job after 2 weeks. I was not going to wait on it. I had a lot of applications out there. First job to offer a job and pass my background I was there.

[@law3344]

Depending upon where you get your background check it can take longer than you think. we have to run certain background checks in PA through the PA state police. If you have a clean record it will be back immediately, but if it goes for review it’s going to be at least 2 weeks until we get it back. The other standard BG check company we used is very fast though, so it really varies

[@aolvaar8792]

@@lisaedge2961 DSS, Defense Security Services Average time 10 months longest, I heard of 2 years mine, 72 pages, also, checks of siblings, parents, spouse I fail to obtain the highest level and was offered another job. You work under "escorted status" till checks are completed.

[@lovelybarnes4841]

@@lisaedge2961 I had both done in the same day. Results were back in 30 mins.

[@theartoflivingoutloud888]

@@law3344If you have a clean record has nothing to do it. It depends on what they’re asking for. One of mine took one day the other more than a week.

[@Dontbeanidiot123]

I don't understand how they can put a charge on you that you haven't even went to court for yet when you plead not guilty.

[@lungsounds1]

i 2nd this . I applied to volunteer playing piano for Hospice patients. Play piano for people that are dying of cancer. like in a month or so..Before mi case even went to court. Thei saw the charge, and hastily said No, after having a cordial beginning to this volunteering opportunity, because of the charge..I even went through the drug test procedure on their dime already.. This result got me thinking I am screwed for life, apply for a job? I can't even play piano for hospice... ani response? people in the know?

[@LisaLisa0624]

​@@lungsounds1That's so sad ...those in their last days would probably love to hear you play beautiful piano 🎹 I'm sorry that you are being denied the opportunity to bless others! Please don't give up! It's a beautiful thing you are wanting to do!

[@lungsounds1]

Thanks for the Kind words Lisa I am not sure what I am going to do now. @@LisaLisa0624

[@Ejame2]

I was offered a substitute position and when my fingerprints were run by the district HR person, he told me and denied the job! This same guy had given the job already and decided to run my fingerprints!!! my case was expunged a year ago!!!! and this guy at this school district just two days ago told me that because of what they found he told me that I could not be hired!!!! this system is not right at all!!!

[@DennisSection]

I thought expungement meant it was sealed??

[@aolvaar8792]

@@DennisSection The work around is the FBI Fingerprint Card Gov't employee foster parent CCWP military Arrests (fingerprinted) .......

[@davidnorthern4257]

@@DennisSection perhaps the arrest was still open

[@tonyqban]

@@DennisSection Expunge means destroyed.

[@joranhope314]

​@@tonyqbanit's because it was fingerprinted those still show up

[@dnlprls]

Credit checks for a job is just another form of discrimination.

[@osannieslegal229]

If you are in uk a case is taking place. You can submit testimony

[@Picky13]

I’m applying for a job at a child care facility. My results said the following “Based upon a fingerprint search of records contained in the Bureau of Criminal Information and Analysis files, there is no information meeting dissemination criteria pursuant to California law on the above-named individual.” What does this mean ?

[@JigsawPuzzleConnection]

Criminal record is on an application. They know before an interview.

[@donnarobinson1414]

I had recently got a job working at assisted living facility and I've already been working there about a month and I'm filing got to go for my background check and somehow it came back saying I was not work eligible for there is there any way that I could fix that or was I done wrong

[@destinyhart7532]

What about background checks ran by the care provider management bureau and they deny me based on false and incorrect information even after providing certified documents showing otherwise

[@melvayaredaguilar]

sometimes it’s not the persons fault all the time

[@michaelmessenger2728]

Are you from Mexico ?

[@sofiacortez3387]

I never have a criminal record i pass my drug tests And always pass my background with no problems but this company its giving me allot headaches abaut my background they ask me to give all my w2 for my last employees and i give it to them and still taking to way to long when other jobs takes 24hrs to do it 😒

[@midastouch9217]

if i can ask a couple questions , 1 how far back do background checks go that the average person can access by home computer, ie do they get information as far back as 40 years ago? what is the legality if a person has a son who is a police officer who can access all criminal history, is it legal for that police officer to access my background without just cause? someone sent me a text message with my background going back to 1987.

[@oramirez_9150]

Will they see a termination because of an argument you had with a supervisor at work?

[@ghuladipelaadhi6483]

Hi mam, I got job offer in an American company however I got jailed for 2 days in india because of false allegations by my wife , would it will dismissed me from my job after background check

[@boskiboski1025]

Is is defferent between public criminal check and fbi criminal database ???? Because i have ever been arrested 20 years ago in NY and did some fingerprints . When my lawyer checked my name was nothing shown up about my case . Do i need to do deeper checking or ??? I do all this for visa purpose. Thank you

[@amandamichael3378]

yes go deeper

[@mrdryw]

So I have a clean criminal/ driving record. My question is can they see my hospitalizations on a background check

[@chrismolloy6885]

Very helpful video, have you ever heard of a company doing a background check and having that check continue after the employee is hired? I ask this because I currently will pass a background check but because of the California laws changing. My issue will show up in 2022. I had a friend that works in HR tell me that after someone is hired the company will be notified if anything changes regarding criminal history. I don't know if he knows what he is talking about or not. What are your thoughts??

[@kemangraya2382]

Yeah this BC is crazy. But it is what it is. Also your credit score is being now used for almost everything.

[@mclovinit2428]

I’m getting a background check, but I had a random drug test on my 2 precious jobs. And came out positive. Could they look into that?

[@donnarobinson1414]

I have a criminal record and I had got a job at assisted living and been working there for about 30 days maybe a little over and they said my background check came back and said I wasn't working eligible how can I find out what was the reason that I lost this job cuz to my knowledge on my criminal record would have not been anything that wouldn't have let me work there

[@tonyqban]

Did you have your record expunged?

[@NotLikeUs17]

@@tonyqbanit doesn’t matter if it’s expunged. You have to get a background exemption.

[@tonyqban]

@@NotLikeUs17 I have a criminal record which got expunged 16 years ago, I’m licensed in the medical field and my level 2 background check comes out clear every time.

[@tanyapope9038]

felony 12 years ago. I passed background checks for several jobs but I have a potential offer but they want a level2? I know that's fingerprints. How far back does this go or is it all encompassing?

[@NotLikeUs17]

If it’s fingerprints/livescan - there’s literally nothing you can do.

[@melvayaredaguilar]

it’s okay to talk about it.

[@calderon14osvaldo]

Question, if an arrest was last week, and 4 days later you get a background check . What that arrest show up ?

[@MilaShwarz-kw1yo]

Outstanding charges may show up but it depends on the type of search.

[@misterglass8911]

I got a dwai (driving while ability impaired) in 1997 and it’s still on my fbi background. Why?

[@NotLikeUs17]

@danielrichard9043that’s a scam. Once it’s in the FBI database, it’s always in the FBI database. I know this for a fact. I’ve take. Several livescans.

[@melvayaredaguilar]

prejudice against a person is always looked into

[@CleverLoyal247]

You are absolutely right💯

[@billybenson974]

I have applied for the post office to be a mail carrier, there website states they only go back 5 years I have a few felonys and several misdemeanors all are over 10 years will they see everything

[@amandamichael3378]

Ěɱãĩľ hraykyah📧

[@roostercogburn6469]

​@palserv9341 How

[@josephflores2878]

I just got a decent job , knowing I had a felony within the 7 years , I’m not even off 5 years probation (off less then 2 months)… just try at the very least guys!

[@PrimericanIdol]

At least employment has a cutoff date. Gun purchases, for example, do not. Even if you have a single non violent felony from 50 years ago.

[@sharoncross5993]

Thanks I needed to hear that i really change my life have been in any trouble if 7 plus years do have an old felony for theft i really need this job this is the most I ever made in life I hope this background check don’t stop me from getting this job

[@josephflores2878]

@@sharoncross5993 of course , good luck

[@cbsteffen]

I think background checks should also be done for age limits because people don’t always look or talk their age.

[@charlescummings5332]

Are people doing back ground check on who you hire

[@amandamichael3378]

yes

[@brianwilliams8568]

What can I do if my twin brother stole my identity he has been using my name since 2008 and now I need help on getting my record separated from his we have the same initials B.L.W but different finger prints he has a felony charge in my name and it’s hurting me from employment I can’t get in Tesla because of it it’s been going on for a long time I need help 😢

[@hubydammy8432]

First try the free tips then you know what to do. I worry about my Loved ones all the time to, I had same problem but it helps knowing there are people protecting the innocent. These free tips will not always work there are paid services and it exist, go for it.

[@bervlyjose3497]

@@hubydammy8432 Get your record expunged and sealed back it up with a paid service. Takes some time but then be careful at it.

[@hubydammy8432]

Ěɱãĩľ hraykyah📧

[@lungsounds1]

Family can be horrible too.. so the "Family is everything" folks? This post is for U....

[@jerichojoe307]

It's weird that you say not to disclose a criminal record until a conditional offer has been made; yet 90% of job applications it's right in the application, so we really have no choice it's either lie and then they find out which is grounds to not hire; or tell the truth and still be overlooked because even though the law says they're not supposed to use that information to discriminated; we all know that they do the instant they see that you have a record; your application goes bottom of the list or in the trash. Technically they're not discriminating unless they disclosed that that's the reason they didn't hire you. But if they simply move on to the next application; you can't prove that they discriminated on that basis. People make mistakes in life. But once a person has served their sentence, paid their debt to society, and satisfied all of the legal requirements related to their charge; they should no longer be hindered. But again we all know that that's never the case.

[@theartoflivingoutloud888]

I agree I haven’t seen one application that doesn’t ask you about your criminal history.

[@lungsounds1]

that';s why U need to be tight with a Politician right? to get things done.

[@dolltall]

Beautiful

[@Hold.My.Tacoss]

Thirsty

[@user-es6kz3ji7f]

Im sure sense this video was made even more has gotten worse but if they ask do I have a criminal record and I say no they check and I do....the only problem or thing that can be done is not hire me or whoever basically all I got from this video is say you need a attorney to fill a job application out 😅 and the chick on the right could get 😂

[@user-wz8zx6np2i]

Thank you I appreciate you, recommending. Raykyah Hamzah Ěɱãĩľ hraykyah📧

[@lindamsmith3302]

i just got out and i tried getting a job but hard issues with my C.R and i needed it removed but everything good after i got service from someone online..#DEELSCAFE.