Employment Question?

[mymaster]

I'll try and make this understandable, it's for my own info and help and that of another family member.

OK say you have a legal history that has some bad marks on it, no felonies but some misdemeanor citations,arrests etc-mostly traffic related, some of which have been expunged/erased from public record as if they never happened and some still on record. OK skip ahead in time, now you go to fill out an employment/questionnaire application and you always come to the questions that ask " have you ever been arrested for?, had your license ever been revoked?, ever been cited for? etc etc etc.

The discussions Ive had with family members and friends seem to be equally two-sided - "Be honest about everything" or You've paid your dues,it's your rite and don't shoot yourself in the foot if it's not on record. Again we're not talking about Criminal Dept of Justice records,pretty sure those never disappear.

Any thoughts?

 

[busawife]

Well, it depends on what you have been arrested for. If it is one of the things on the list, it is better to be up front and honest. An employer does not like it when they do a background check and find out that you lied. Yes, you did pay your dues. And, if your record has been expunged, then it doesn't need to listed, that I know of. But, I would check with the HR person about that. OR, you can see if you can get a copy of what your record looks like and go from there. However, be honest. The other thing you can do is put a note at the bottom, or next to the question, about the situation. Don't make excuses, but put that it has been expunged and what not. If they have questions about it, they will ask in the interview.

I hope that helps. If it isn't anything major, and mostly traffic stuff, they aren't gonna care. Unless, that is, if you are applying for something other than a driving job. Then, they might reconsider it.

Hope this helps!

 

[BUSA_CHeMiST]

Well, i've had a somewhat similar situation...

In the past, a CRAZY CRAZY ex-girlfriend decided she would make up some SERIOUS allegations against me, call her friend who was an investigator, lie thru her teeth and tell them certain things. Ultimately I was arrested for a felony, NOT something you want to be putting on a resume or job app.

Well, we went to the pre-trial hearing, no evidence, no proof, my lawyers proved she was lying her a$$ off and all charges were dropped.

I spent many days and lots of $$$ to have this arrest totally EXPONGED from my record, and I mean COMPLETELY exponged.

Skip ahead to 7 months ago and while filling out my CHL license app, the question arose...

"Have you ever been arrested/charged/convicted of a crime? Please list below:"

Well, whenever I received the expongement order from the judge, I spoke to her and she said "Since this has been completely exponged, it is just as if it has never happened. If anyone ever asks you if you have been ARRESTED of a crime, you can honestly and legally tell them you have NOT been arrested."

Even with the instructor of the course telling everyone to put down ANY AND EVERY arrest, no matter how big or small, I decided to take the judges advice and leave it off my application.

I am still waiting on my app to be processed by the state of TX, but I know for a fact that it will not show up on my record cause my cousin is head of the MCIC (Mississippi Criminal Information Center) and he has run my name and social a few times since and nothing has ever popped up.

Sorry for being long winded, but my advice would be to be honest with the application UNLESS the arrest/charge/citation you are referencing has been exponged from your record.

 

[Mr Bogus]

All this is JMO... but we hire a few dozen people a year and are only an itty bitty health practice with 2 offices..

first move, you should know what everyone has access to as far as the history goes.. (get your own background check done)..

could be a worthwhile investment.. most employers will hold anything they find against you and if you did not list it as grounds for dismissal..

Do not get this person in that spot of getting the job only to be discharged for non-disclosure issues..

Credit ratings are another "pre-hire" issue now days, get that report(s) as well...

"EVER" is a broad word...

expunged records are in the eyes of the law, things that never happened, so you should be able to forget about them entirely.. (is why juvi records are often expunged, no point ruining a kids life for stupid judgment errors) Driving records are 3 or 5 years? do not recall (no tickets here)

Driving job background checks are the worst... 10 years VERIFIABLE work history AND legal checks AND credit checks (homeland security ya know) Feds really jumped on the CDL thing... (I have taken a few CDL jobs over the years and they are brutal)

 

[HRHDi]

We had a new hire who was almost fired 2 days later because he didn't disclose similar minor indiscreions. If they aren't felonies and non-violent type of things, I would think full disclosure is the best route.

 

[Dan]

I agree with Bogus (that's almost painful to say ). Know what is on your record. Most companies do background checks and it's not worth it hanging over your head.

 

[99'busa]

I agree with Bogus (that's almost painful to say ). Know what is on your record. Most companies do background checks and it's not worth it hanging over your head.

i agree thats a pretty good idea.

(he has those every now and then)

 

[SD1300]

All this is JMO... but we hire a few dozen people a year and are only an itty bitty health practice with 2 offices..

first move, you should know what everyone has access to as far as the history goes.. (get your own background check done)..

could be a worthwhile investment.. most employers will hold anything they find against you and if you did not list it as grounds for dismissal..

Do not get this person in that spot of getting the job only to be discharged for non-disclosure issues..

Credit ratings are another "pre-hire" issue now days, get that report(s) as well...

"EVER" is a broad word...

expunged records are in the eyes of the law, things that never happened, so you should be able to forget about them entirely.. (is why juvi records are often expunged, no point ruining a kids life for stupid judgment errors) Driving records are 3 or 5 years? do not recall (no tickets here)

Driving job background checks are the worst... 10 years VERIFIABLE work history AND legal checks AND credit checks (homeland security ya know) Feds really jumped on the CDL thing... (I have taken a few CDL jobs over the years and they are brutal)

Truth don't hurt, but not telling it can lead to dismissal or worse. Ask yourself, what would the board do..... tell the truth then explain without getting into much detail.

 

[Ranger]

If its for a back ground investigation, put it all, even if it was expunged they can see it in many cases depending on what the check is for. If you just filling out history for a job at Sears or something, then don't bother.

 

[headrash]

I just found out that the guy i.ve been working with is on the chi-mo website here in AZ. I couldn't go back to work until I knew he wasn't there anymore for reasons I can't talk about because that could get me thrown in jail alone. Luckily I'm in a position that they would choose me over him and let him go. Be honest about your past. If your ashamed of what you've done that tell people that you've changed.

 

[The_CaneCorso]

I think its dumb companies ask to check your credit or if you were ever on food stamps or something random like that...WHO CARES

 

[outtahand]

I'll try and make this understandable, it's for my own info and help and that of another family member.

OK say you have a legal history that has some bad marks on it, no felonies but some misdemeanor citations,arrests etc-mostly traffic related, some of which have been expunged/erased from public record as if they never happened and some still on record. OK skip ahead in time, now you go to fill out an employment/questionnaire application and you always come to the questions that ask " have you ever been arrested for?, had your license ever been revoked?, ever been cited for? etc etc etc.

The discussions Ive had with family members and friends seem to be equally two-sided - "Be honest about everything" or You've paid your dues,it's your rite and don't shoot yourself in the foot if it's not on record. Again we're not talking about Criminal Dept of Justice records,pretty sure those never disappear.

Any thoughts?

Have you considered consulting a California Labor Lawyer?
Can you say what the job is? May shed some light on the subject

 

[mymaster]

Have you considered consulting a California Labor Lawyer?
Can you say what the job is? May shed some light on the subject

Labor lawyer is an idea. I have a feeling it will always be a double edged sword evident by the replies and past discussions with others. One replier is saying even if it's expunged they can still see it? would be nice to know how? The occupation has to do driving and past driving records and maybe even how your past may hunt you?

 

[teamorion22]

As far as a general employment app goes, no felonies no worries. Of course this excludes high security jobs, govt jobs, etc

 

[BusaWhipped]

I know people who have been fired for lying on their applications for things that would not have prevented them from gettng hired. Nobody should not be able to see anything that has been expunged by court order.

 

[Lycan]

As far as a general employment app goes, no felonies no worries. Of course this excludes high security jobs, govt jobs, etc

Here's the way it works:

if you've EVER been arrested and printed, your card and record is at the FBI, period.
Federal Gigs: BE HONEST 100%, not worth passing up a good gig for something that happened in the past, most agencies consider the severity, frequency, and was there a change of behavior since the incident.
Checking your own background is not valuable, it cannot show up in your State database, but you can bet your sweet azz NCIC has the record, expunged or not.

I once many many moons ago was a shoe in for another Federal LEO job, while doing my background sheet I asked the OPM investigator :how do I answer this question" have you ever been arrested, charged or convicted of a Felony.

I told the OPM skank, as I now refer to her, that I had a prior arrest for DUI, many many years ago, that in court is was a Nol Pros-PBJ, she asked "were you convicted?" To which I replied well no it was PBJ, so I dont think so, then she said "well if you dont think so put down no", so I did, BIG MISTAKE, a Nol Pros- or PBJ IS a conviction kids plain and simple...

She submitted my paperwork KNOWING better than I did that this was the case( I was young at the time and quite ignorant to the reality of this disposition), I was denied for falsifying my application because I had said NO...I disputed, forced the case to Adjudications in DC and they ultimately decided against my hiring... good... now I work for a better Agency in the Fed, have a GS13 on my way to 14 in a couple months, and I understand better how the process works.
When I did the Security interview for my current job, I checked my OWN background and was honest about the story I just told you here, the investigator came back and thanked me for my candor and reafffirmed that the past OPM investigator was a frickin idiot... thats just MHO..

For other jobs? I say explain it in details especially if you were not agregious in the commital of the act, being honest is ALWAYS best...

 

[Spudley]

Go down to the local courthouse and request a record check. Whatever comes up needs to be listed. Here in Vegas, most of the corporate security people are retired federal bureau employees. The can look through everything, basically, NCIC, but that doesn't necessarily disqualify you from candidacy. In the casino game, you list everything for the background check. Unless it's embezzlement, violent crimes or something, "you're good to go".

Better honest, than a liar.....

PS Don't listen to the folks that talk about "paid your dues, you can omit".....they usually are the ones that never had a record. The best thing between you and a past offense is "time" and no more record-activity between you and the last offense is even better.......

 

[Mr Bogus]

Getting your background check done and DIY are 2 different things..

most do not have access or resources to DIY... paying to have one done however is a different animal. (and what I was suggesting)..

I have had the black suit and tie guys come to me many times over the years.. We had a business that employed hundreds of college kids every year (Big Surf) and the military would send investigators out regularly to check on "applicants" for security clearances.. (the real men in black I swear)