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

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.

[seanosborne]

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.

[donnarobinson]

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

[theagathokakological]

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.

[Picky]

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 ?

[ryanfrizzell]

Great. Now I know more about background checks.

[dnlprls]

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

[Ejame]

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!!!

[destinyhart]

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

[midastouch]

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.

[Dontbeanidiot]

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.

[oramirez_]

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

[boskiboski]

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

[ghuladipelaadhi]

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

[chrismolloy]

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??

[tanyapope]

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?

[calderonosvaldo]

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

[melvayaredaguilar]

sometimes it’s not the persons fault all the time

[JigsawPuzzleConnection]

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