Q: I live in AZ and I recently applied for a job.Do I have to disclose felonies that are past 20 years?
All the jobs that I have had I always said no on the application due to the age of my felonies. My felonies were from 1996, 1997, 2002 respectively.. I have never been denied employment. This recent employer denied me employment because on my application, like always, I put I do not have a felony.. I was told the reason for my denial is that I told them that I had no felonies and they found the aforementioned three. I was always under the assumption that a job cannot USE a felony to deny employment of it is after 7 years. I was asked this question before being interviewed and I was never given an opportunity to explain why I put what I did on the application. Meaning the reasoning. It's not like I was trying to hide something. Those minor charges were 28, 27, 22 years ago. Then they told me I can reapply in 90 days. I then proceeded to tell the HR manager that she seems biased. Not a smart more I know.
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A:
In Arizona, the law does not automatically exclude felonies from background checks after seven years. Employers may conduct background checks that include criminal history, and there is no statewide law restricting them from considering convictions that are older than seven years. However, some employers may have policies that limit how far back they look into criminal history, but this is not a legal requirement.
If you answered “no” to having felonies on your application and the employer discovered otherwise, they may see it as a misrepresentation, regardless of how old the convictions are. It's important to read the application carefully, as some may ask for all convictions while others may specify a timeframe. Being upfront and explaining the age and context of the felonies during an interview or in a cover letter might help prevent misunderstandings in the future.
Given the circumstances, it could be worth discussing the situation with the employer, especially if they invited you to reapply. You can also look into Arizona's "Fair Chance" laws, which encourage employers to consider qualifications first and give applicants a chance to explain any past convictions. It might be helpful to consult with a legal professional to better understand your rights and options moving forward.
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