How to Avoid "The Seven Year Rule" When Searching for Employment

A criminal record is the a major contributor as to why many US citizens are unable to obtain employment - no matter their qualifications or education. This is why legislators have labored enough to create laws that provide fair treatment to those who had previous records that involve criminal convictions. However, as what we would see later, this so-called "seven year rule" can be more complicated than what it seems to be.

So where did the seven year rule come from? Under federal law, the consumer reporting agencies cannot report an arrest that is over seven years old. However, they may report a conviction no matter how old it is. So if you are arrested and the charges are dismissed, the consumer reporting agency has no right to report the arrest if the arrest is over seven years old. Moreover, if the arrest results in a conviction then the agency can report the information endlessly. The seven year rule has one important exception-if you are applying for employment and the salary is over $75,000, the agency can still report the arrest.

In some states, like in Massachusetts, application forms are constantly being monitored by legal departments and employment lawyers to see if they contain queries about a person's criminal records. Employers are advised not to include criminal records for reasons of possible discrimination and denying the applicants the right of equal opportunity should they appear in their resume or application form.

But what about other states? So far, only eleven states implement such provision (Washington, Texas, New Mexico, New Hampshire, Montana, Massachusetts, Maryland, Kansas, Colorado, and California). Some of these states don't have an exemption because of the FCRA's precedence over the seven year rule. As a result, criminal records will inevitably affect a person's credit ratings, not just his employment and will be available in all public records.

At times, the seven year rule may not be applicable, especially when it comes to a person's income level. Some states such as Washington, New Hampshire, Massachusetts, Montana, Maryland, and Kansas, do not implement the seven year rule if an applicant has an annual income of $20,000. The rest, however, do not have such exemption and the seven year rule still applies regardless of the income.

How we come up with the exact seven years makes this rule even more complicated. Even though the commission of the crime happened more than seven years ago, it is the time when he was in custody for seven years that would most likely appear in the criminal records. In some other cases, a person may have been given a parole or probation for a crime he/she committed ten years ago, but within that period he had also spent a day in custody for a violation so that the seven year count begins all over again. This will also appear on the records and in his application.

As what have been observed earlier, the seven year rule may not always be applicable and lacks the proper delineation. To remove them altogether may not also be the best option since this will put the company at risk. Therefore, it is advisable to consult legal assistance for this matter. They are in the best position to help you in making the right decision.

Click the link in this signature to do FREE preliminary Background Checks on anyone in the USA instantly!

Article Source: http://EzineArticles.com/?expert=Monty_E.
http://EzineArticles.com/?How-to-Avoid-The-Seven-Year-Rule-When-Searching-for-Employment&id=5637594