My question involves labor and employment law for the state of: Colorado
In March 2009 I was convicted of Misdemeanor Stalking in Oregon. I was "stalking" an ex of mine on MySpace and it got out of control basically. I served two days of jail (which was community service done on back-to-back Saturday's with the county sheriff's office and wasn't ever physically confined in a cell) and completed 18-months of probation. Since then I've stayed out of trouble aside from a ticket after getting caught riding a train without fare in Portland.
In 2013 I had the record sealed.
That leads me to now... I moved to Colorado for personal reasons in November and began looking for work. I applied at a major grocery chain and was interviewed and hired the same day. I went into the back office to complete my background check and was told they'd call me as soon as it cleared. This was December 20. I was given a letter of conditional employment and sent home.
Today I get a letter in the mail from First Advantage Background Services Corp with the results of my background check. The sealed charge noted above is listed on the back as having been reported to the grocery chain.
I have't heard from the grocery chain yet so I don't know if they're going to rescind my employment offer over the charge. It's been almost 9 years...
The fact is that the charge is sealed and they shouldn't have seen it to begin with. I didn't lie on the application because A: it asks if I've ever been convicted of a felony or a misdemeanor in the past seven years and B: legally I don't have to report it since it's sealed.
If they rescind my employment offer do I have any legal rights?
What should I do?
In March 2009 I was convicted of Misdemeanor Stalking in Oregon. I was "stalking" an ex of mine on MySpace and it got out of control basically. I served two days of jail (which was community service done on back-to-back Saturday's with the county sheriff's office and wasn't ever physically confined in a cell) and completed 18-months of probation. Since then I've stayed out of trouble aside from a ticket after getting caught riding a train without fare in Portland.
In 2013 I had the record sealed.
That leads me to now... I moved to Colorado for personal reasons in November and began looking for work. I applied at a major grocery chain and was interviewed and hired the same day. I went into the back office to complete my background check and was told they'd call me as soon as it cleared. This was December 20. I was given a letter of conditional employment and sent home.
Today I get a letter in the mail from First Advantage Background Services Corp with the results of my background check. The sealed charge noted above is listed on the back as having been reported to the grocery chain.
I have't heard from the grocery chain yet so I don't know if they're going to rescind my employment offer over the charge. It's been almost 9 years...
The fact is that the charge is sealed and they shouldn't have seen it to begin with. I didn't lie on the application because A: it asks if I've ever been convicted of a felony or a misdemeanor in the past seven years and B: legally I don't have to report it since it's sealed.
If they rescind my employment offer do I have any legal rights?
What should I do?
Background Checks: Sealed Conviction Came Back on My Background Check
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