How far back can a potential employer go back to check my background?

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How far back can a potential employer go back to check my background?

Someone wants to know if they were convicted 15-17 years ago (I think for drugs) and they want to get a job in the medical field. They wanted to know how far back can an employer check your background and what will show up in a background check. What are the laws in FL? Does it depend on what type of background check they do? What background checks are done at hospitals? If it is more than 15 years ago, this person wants to know does he have to put it on his application if he was convicted?

Asked on November 19, 2010 under Employment Labor Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You always have to answer "yes" to the question "were you ever convicted of a crime?" unless you have the conviction expunged or sealed from public view.  Background checks can go back as long as the employer wishes to go back.  Some go back 20 years.  It is their prerogative to do so.  I would suggest that your friend run a background check on himself and see what comes up.  It is really simple and then he will know what he is dealing with.  He should also consider having the record expunged or sealed and the arrest itself as well. This way he can breathe easier and not worry every time he applies for a job.  Good luck.


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