If a criminal background check is conducted but doesn't relate to the nature of the job, the applicant might make a legal claim for discrimination or argue that the information obtained cannot be used when making hiring decisions.
You have the right to dispute information that's inaccurate, outdated, or not yours. Under the law, background check companies must conduct a reasonable investigation of the information.
Depending on where you live, there may be ways to conceal your criminal record from background checks, such as through expungement or sealing. These processes and eligibility requirements vary by jurisdiction, so it is best to contact an expungement or sealing attorney in your state to see your eligibility.
Generally speaking, employers are less concerned with misdemeanors than they are with felonies. Whether or not an employer will hire someone with a misdemeanor on their record is completely up to the employer.
If you believe that you or someone else experienced unlawful discrimination, you can report a civil rights violation.
An employment discrimination lawsuit is adjudicated in civil courts. This means that the plaintiff, in such cases, the employee, has the burden of proof.
The U.S. Equal Employment Opportunity Commission (EEOC) enforces Federal laws that protect you from discrimination in employment. If you believe you've been discriminated against at work or in applying for a job, the EEOC may be able to help.
Many people mistakenly think that United States criminal records automatically clear after 7 years. This is inaccurate. However, after 5 to 10 years, you may be eligible for expungement, depending on state law. At that point, you can file a petition with the court to have your criminal record expunged.