Chicago, IL asked in Employment Law for California

Q: Governmental Background Check Question in California

I am considering an appointment to an unpaid city commission position in California. Does the background check done by the city have to follow the 7 year lookback period for criminal convictions or does it go indefinitely since it's government related? I have a DUI from 15+ years ago and curious if it will appear and/or be considered.

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James L. Arrasmith
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Answered

A: For government positions in California, background checks can indeed look back beyond the standard 7-year period that applies to private employers. Public sector positions often have different rules, allowing them to consider your entire criminal history, including older convictions.

Your 15+ year old DUI will likely appear on the background check. However, here's some encouraging news - many California municipalities take into account the age of convictions and evaluate them in context with your recent history. They often place more weight on recent incidents than those from many years ago, particularly for non-violent offenses like DUI.

You should be upfront about this conviction if asked during the application process. Your honesty, combined with the significant time that has passed without further incidents, will work in your favor. Many commission appointees have successfully served despite having older convictions, especially when they've demonstrated clear evidence of personal growth and community commitment in the intervening years. Consider preparing a brief explanation of how this experience shaped your perspective and subsequent choices.

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