Background checks disclosure requirement?

What does the law require about disclosure of BDP or PTSD treatment?

I was told by a psych counselor 6 years ago that I am not required to disclose my history of BPD/PTSD treatment from many years ago, due to the law.

But, if I don't disclose on these BC forms, I could lose my job and an important personal opportunity.

Anyone know if I am LEGALLY required to disclose my psych history? Or is it voluntary? Will they be able to find out? There were no laws broken or convictions made. Just a short time in a lock down due to suicide watch.

Everythings cool now, very stable with no meds or anything for many years. But, am I required to disclose the past?
Additional Details
Well, it's a State and Federal (FBI) check required.

I'm not trying to hide it. I just don't want to dig it up. I'm in a really good place in my life and I don't want to have this exposed.

I have accountability partners and I'm totally stable for several years.

Will I have to worry about this forever?

Expert Realtor

I actually would, especially since you are not currently undergoing treatment.

There are certain professions that can legally require this information from applicants, such as direct-patient healthcare professionals, and those carrying a firearm for the protection of the general public which includes military personnel and police officers.

Keep in mind, that the FBI has access to so much more information than the average employer...especially if your treatment was partially paid by an insurance company, they will be able to find out.

They are going to have you evaluated for mental health anyway, so better to disclose it.

Your BEST defense in your favor is that you are now stable, no drugs, and it's been many years since you have had treatment.

If this was any other goverment position, or any other general employer, you have the legal right not to disclose it.

bigmatlem

You are not legally required to disclose any medical condition that has no bearing on your position. Only OTR truckers and pilots, police etc have to disclose that sort of info due to the nature of the illness it could pose a threat to the public.

You medical history is your own. Especially mental. Its all part of the Americans with Disabilities act. Go here to learn more. http://www.eeoc.gov/types/ada.html

I suffer from MS. We didn't ask for this to happen it just does. MS causes all sorts of issues. I usually get the job nailed down and then disclose the MS. That way they can't discriminate based on the illness and I don't have to go the legal route.

God speed to you sir.

redvelvetflames4ever

Noooo... Definitely no need to disclose that information nor can a prospective employer make such an inquiry unless your psych history is pertinent to the position which I doubt very much. If that were the case I wouldn't have been hired anywhere after the age of 24 yo. Nervous breakdown, suicide watch, blah blah blah.... I was young and chite happens. I never told any prospective employer after I was released and no one ever found out. Keep that to yourself.

gfd_truck7

I believe under HIPPA that all of that is protected as medical records privacy. Only a handful of jobs require needing that kind of information and I'm guessing yours isn't one of them!

Enter Your Message or Comment

User Name:
User Email:
Post a comment: