Am I required to disclose a theft ticket on a job application or background check if it was over 8 years ago?
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Am I required to disclose a theft ticket on a job application or background check if it was over 8 years ago?
Asked on August 7, 2015 under Employment Labor Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
What does the application say? If it says to disclose all convictions, you must disclose all evictions, even those 8 years or more ago; if it says disclose all arrests, you must disclose those 8 or more years ago; etc. If there is a time limit in the application, such as disclose any arrests or convictions within the last 6 years, that is what you must disclose. Follow the plain language of the application, since the law does not otherwise put a limitation on what arrests, convictions, etc. they may ask about, and does not limit your answers to only recent arrests or convictions.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
What does the application say? If it says to disclose all convictions, you must disclose all evictions, even those 8 years or more ago; if it says disclose all arrests, you must disclose those 8 or more years ago; etc. If there is a time limit in the application, such as disclose any arrests or convictions within the last 6 years, that is what you must disclose. Follow the plain language of the application, since the law does not otherwise put a limitation on what arrests, convictions, etc. they may ask about, and does not limit your answers to only recent arrests or convictions.
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