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Started By
Message
OT Lawyers: Employment background check
Posted on 7/28/18 at 9:56 am
Posted on 7/28/18 at 9:56 am
Lets say someone received a job offer, and a background check was performed and, the person requested a copy of the report. He gets the report and sees that there is a simple battery misdemeanor offense from back in 2011 with a pending disposition.
The person was arrested in 2011, but was never charged.
The statue of limitations expired back in 2013, and he had an expungement filled out and turned in, but the pending disposition is still showing on the background check.
When the background company does its searches, they only go back 7 years. But this case will make its 7 years in 23 days.
On the report, all of the employment, education, etc all checks out fine, but this one court record is marked for review by the hiring company.
If the hiring company asks about it, is there any documentation that can be obtained to show that the case never went forward, or that no charges were filed?
What are the odds of a job offer be taken back because of this misdemeanor that happened 7 years ago, but is 23 days outside the 7 year search window?
The person was arrested in 2011, but was never charged.
The statue of limitations expired back in 2013, and he had an expungement filled out and turned in, but the pending disposition is still showing on the background check.
When the background company does its searches, they only go back 7 years. But this case will make its 7 years in 23 days.
On the report, all of the employment, education, etc all checks out fine, but this one court record is marked for review by the hiring company.
If the hiring company asks about it, is there any documentation that can be obtained to show that the case never went forward, or that no charges were filed?
What are the odds of a job offer be taken back because of this misdemeanor that happened 7 years ago, but is 23 days outside the 7 year search window?
12
Posted on 7/28/18 at 9:58 am to Modern
I don’t but you should be able to get the court minutes from the clerk of court that will show the final case disposition.
Posted on 7/28/18 at 9:58 am to Modern
arrests mean nothing.
convictions are the only thing that counts.
convictions are the only thing that counts.
Posted on 7/28/18 at 10:00 am to biglego
quote:
get the court minutes from the clerk of court that will show the final case disposition
could this be obtained in one trip to the clerk of court?
Posted on 7/28/18 at 10:01 am to Modern
Stop battering people.
Posted on 7/28/18 at 10:01 am to Modern
quote:That’s a lot to say.
Lets say
And
Posted on 7/28/18 at 10:04 am to tigerdup07
quote:
arrests mean nothing.
convictions are the only thing that counts.
Well that’s not true
Posted on 7/28/18 at 10:09 am to Modern
Ok OP, tell us your battery story
Posted on 7/28/18 at 10:11 am to Modern
quote:
could this be obtained in one trip to the clerk of court?
Yes. Assuming you mean Louisiana. (likely same for any other state.) You'll ask for a copy of the final disposition of the case. Usually will show a nul pros by the DA's office or dismissed. You can get a certified copy from the Clerk's office which would be best for the HR department.
Obviously, your HR dept is likely going to ask about the matter so might want to be ready to answer these questions in the light most favorable to you.
Posted on 7/28/18 at 10:31 am to tigerdup07
quote:Wrong. We live in a guilty until proven innocent society. When someone sees you were arrested for something, they assume you were guilty, and don't care about the outcome. Cops do the same thing.
arrests mean nothing.
convictions are the only thing that counts.
Good luck getting a chance to explain yourself to your potential employer
Posted on 7/28/18 at 10:34 am to Modern
Should be but call ahead to make sure. Might be a small fee for certified court minutes.
This post was edited on 7/28/18 at 10:35 am
Posted on 7/28/18 at 10:44 am to Modern
Were you asked if you were ever arrested? Arrest records are always available to law enforcement officers. Arrest records never go away.
Posted on 7/28/18 at 10:47 am to Modern
quote:
The person was arrested in 2011, but was never charged.
You... right?
When HR asks just tell them, the bitch deserved it.
Posted on 7/28/18 at 11:01 am to ErikGordan
Was never asked about arrests or any convictions.
Posted on 7/28/18 at 11:10 am to Modern
When keeping it real goes wrong
Posted on 7/28/18 at 11:12 am to Fishwater
quote:
Obviously, your HR dept is likely going to ask about the matter so might want to be ready to answer these questions in the light most favorable to you.
I’ve never dealt with this—knock on wood—but do they even give you a chance to give your side? I always assumed it was a “pass” or “fail” kinda deal.
Good luck to you man, this really sucks, and I know you must be super stressed out. I hope your resume is exemplary, cause if a company has 2 equally qualified candidates and one has an arrest for battery and the other doesn’t....
Posted on 7/28/18 at 11:18 am to ErikGordan
You haven't heard of the ban the box thing for about the last 6 years where some states actually ban you from asking about criminal records until late in the hiring process? LINK
I know it sounds like a ridiculous joke but it's actually real.
I'm not 100% sure if Louisiana's ban the box applies to private companies or it only applies to state employees. With that being, I know that Louisiana has a ban the box not only for state (and possibly private) employees, but also for college admissions.
According to the Wiki article, ban the box has actually backfired and caused black and Hispanic men to become less likely to become employed. It's really not that surprising, when you think of what employers will do when they're left to guess who has a criminal record.
I know it sounds like a ridiculous joke but it's actually real.
I'm not 100% sure if Louisiana's ban the box applies to private companies or it only applies to state employees. With that being, I know that Louisiana has a ban the box not only for state (and possibly private) employees, but also for college admissions.
According to the Wiki article, ban the box has actually backfired and caused black and Hispanic men to become less likely to become employed. It's really not that surprising, when you think of what employers will do when they're left to guess who has a criminal record.
Posted on 7/28/18 at 11:23 am to Modern
Go to the DA’s office and get a no bill letter.
Posted on 7/28/18 at 11:36 am to Modern
You can usually get a letter from the presumable prosecuting attorney saying the office declined prosecution on the charges.
Posted on 7/28/18 at 12:21 pm to Modern
quote:
is there any documentation that can be obtained to show that the case never went forward, or that no charges were filed?
As other posters have said, you can get the minutes from the Clerk of Court in Louisiana. I know from experience in City of Baton Rouge. I was denied a gun purchase for failing the background due to an arrest when I was a kid back in 1995. The case was dismissed because it was just a wrong place wrong time situation that I really wasn't involved in. However the arrest still showed on my NICS background with no mention of guilty or dismissal. Based on that the denied my purchase for "Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year", even though there was never a conviction. So long story long...I had to get all kinds of stuff together for the appeal process including official documentation that I was never convicted of that charge. I was able to speak with a lady at the Clerk of Court where she found the minutes stating the dismissal and mailed me an official copy for like $5 or $10 I believe. If you can go in person I think it is free. Hope yours turns out better than mine, that was January and I am still waiting for my appeal to be processed. The NICS website claims they are currently processing appeals from 2015
I had bought an AK-47, AR-15 and nice .22 long with scope and ammo on line. After the denial I had to send back the guns costing me several hundred dollars in restocking fees and now I am sitting on a case of ammo that was non-returnable with no guns to use with. Bunch of B.S!!
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