Q: Is my employer legally allowed to force me to disclose details about my sealed record?
There is a large financial firm that is hiring me for a contractor position via a staffing agency. I have a start date of next month. They fingerprinted me while I was there. On the background check they ran, they got a record of two separate arrests from 8 years ago or so. No details, just that I was arrested twice and the dates and locations where I was arrested.
Details surrounding arrest: I got caught shoplifting when I was a young man and turned myself in and ended up taking a plea for a smaller misdemeanor, "unauthorized use of property". Ended up getting expunged. When I turned myself in, found out there was a warrant for my arrest in another state for an internet crime of identity theft & fraud, that I knew nothing about. Ended up getting it all dismissed.
Anyway, case dismissed and misdemeanor expunged. No criminal record technically. They want me to fill this out
What should I do? Is it legal for them to do this?
A: You are not legally required to disclose any information pertaining to your sealed record. The dismissal depends on the law from another state. But, the rub for you, since they found it, is that they don't have to hire you. So, you can refuse to explain and they can simply take the job somewhere else.
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