Can I be denied employment due to a felony arrest? Posted on August 06, 2011

I have read the Fair Credit Reporting Act and Section 605 states, "Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing . . . Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period." Subsection (b) provides for an exception if the report is in connection with "the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal $75,000, or more". The position was as a copywriter for an airline company in their headquarters, not the airport. I also am currently in the process of having the record expunged and am awaiting the Certificate of Eligibility from Tallahassee. The date of the arrest was June 2004 and the background check was conducted in August 2011. Does my situation warrant further review or did they behave accordingly in regards to denying my employment? And were they legally allowed to receive that information since it occurred over seven years ago, albeit barely?

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