Screwed from a background check...

thermobryan · #1 06-22-2004, 07:07 PM

Ok, heres the story, I was 18 got in trouble with the law and got a record...I was 22 got the record taken off as is legal in california since it was my first offense....I'm now 24, got a job offer 80K/yr and the record came up!!!! Has anyone gone through this, any suggestions on what happened....

Glitterkitty · #2 06-22-2004, 07:12 PM

There are two kinds of background checks. One is a regular check and the other is a FBI check. They do FBI checks for potential teachers, coaches, councilors etc. People who work with kids. An FBI background check reveals all-even things that happened when you were a minor.

I was under theimpression that anything happening to you after the age of 18 was fair game. They may have "sealed" the conviction, but the arrest is still there. It is always best to be honest.

Lil' Hannah · #3 06-22-2004, 07:47 PM

I run background checks at my job. We do ours through a credit agency. It only reports convictions and I believe they're only convictions that have to do with theft, fraud, etc (dealing with money and stealing). Someone from the company that is hiring you should give you a chance to explain yourself, although they don't have to. Ask for the chance to explain. It's about all you can do.

James · #4 06-22-2004, 09:32 PM

If the record was expunged it shouldn't have come up at all and in theory shouldn't be used against you.

If they somehow found out about the expunged record and held that against you, then you should investigate the law on that matter.

Quote:

Originally posted by thermobryan
Ok, heres the story, I was 18 got in trouble with the law and got a record...I was 22 got the record taken off as is legal in california since it was my first offense....I'm now 24, got a job offer 80K/yr and the record came up!!!! Has anyone gone through this, any suggestions on what happened....

Kevin · #5 06-22-2004, 10:07 PM

Also, any HR director that's worth a crap knows that what someone does when their 18 is not a very likely indicator of what they're like when they turn 22.

I wouldn't be too worried.

honeychile · #6 06-22-2004, 10:15 PM

Quote:

Originally posted by James
If the record was expunged it shouldn't have come up at all and in theory shouldn't be used against you.

If they somehow found out about the expunged record and held that against you, then you should investigate the law on that matter.

This is the sum of it all. I run background checks, and if someone tells me when I'm interviewing them that there will be a minor problem when he/she was 18, and it's been expunged, there's no problem.

If you haven't had it expunged, hire an attorney & get it taken care of immediately!

AGDLynn · #7 06-22-2004, 10:17 PM

My whole day today was spent mostly talking with people who were arrested YEARS ago and suddenly an arrest is keeping them from getting a job.

Here's my viewpoint on Georgia laws; each state is different.

In Georgia, there is a program called the First Offender Act and believe me, people can get it for their 20th arrest (and age doesn't matter). The arrest can be "sealed" and not given out during most types of employment background checks. I think the law is changing when the employment involves children and seniors. HOWEVER...it is sealed only when someone runs a criminal history check through the Ga. Bureau of Investigation. It is NOT sealed down at the courthouse because the docket books can be public record. (Warning, some companies looks at docket books.)

Yes, the arrest cycle is sealed but ONLY if the GBI updates official notification that you actually successfully completed it. Without official notification, it remains "open" (viewable) b/c GBI does know if it was successfully, unsatisfactory or revoked. We still have to keep explaining to probation officers, attorneys and a few judges. And yes the law allows GBI to change the "open" FOA to a conviction if you were convicted for another crime while on probation.

When 1 is considered a juvenile depends on the specific state. In Georgia, a juvenile is 16 and under. The FBI considers juveniles 17 and under. In Ga (for fingerprint cards to be sent to GBI)., juveniles must be at least 13 and it must be a felony. UNLESS you were treated as an adult, then it is still 13 but it can be a misdemeanor.

I get asked how to fill out the application. That is YOUR decision. Is it a conviction? No. Have you ever been arrested? Yes. But I won't be the one fired and/or arrested and/or not hired for not telling.

In Georgia, if the company is holding your criminal history against you, they have to tell you where they got the information from.

In Georgia,if you do a criminal history check on someone without their knowledge through the GBI, you are only allowed felony convictions....which means the disposition HAS to be on file and has to be a conviction. At the GBI, we require fingerprint cards b/c it is very easy to give 1 name at the time of arrest and another when someone wants to do background check. Local agencies can run background checks if they have a signed consent release or fingerprint cards. These days too many people have the same name.

Best advice is get a copy of your criminal history and start from there. You may have to backtrack and start the expungement process over.

James · #8 06-22-2004, 10:17 PM

You shouldn't even see stuff thats been expunged should you?

Quote:

Originally posted by honeychile
This is the sum of it all. I run background checks, and if someone tells me when I'm interviewing them that there will be a minor problem when he/she was 18, and it's been expunged, there's no problem.

If you haven't had it expunged, hire an attorney & get it taken care of immediately!

AGDLynn · #9 06-22-2004, 10:21 PM

That's my point. Depends on what database/files it is supposed to be expunged FROM and the laws of that state.

honeychile · #10 06-22-2004, 10:35 PM

Quote:

Originally posted by James
You shouldn't even see stuff thats been expunged should you?

No, you shouldn't. That's why, if you DO know that you have a problem, you should make SURE it's expunged by having a check down prior to seeking employment.

Our laws are VERY similar to those of Georgia.

AGDLynn · #11 06-22-2004, 10:38 PM

That's why, if you DO know that you have a problem, you should make SURE it's expunged by having a check down prior to seeking employment.

AMEN!!!! At least Home Depot tells applicants outside the front door that they do drug checks!

thermobryan · #12 06-22-2004, 10:42 PM

Quote:

Originally posted by AGDLynn
That's why, if you DO know that you have a problem, you should make SURE it's expunged by having a check down prior to seeking employment.

I have a letter from the DA stating that my record has been expunged since 2002...I thought that would be sufficient, i guess I was wrong...

AGDLynn · #13 06-23-2004, 07:51 PM

Sorry, but just because an official wrote it doesn't mean it's true.
Daily example from work: Prosecutor signs off on a 3 part local expungement form saying that the request is approved HOWEVER, the arrest has a conviction, not guilty or other reasons which nullify the "approval". Then the applicant yells at us because THEY were the ones convicted/found not guilty or other reasons.

Sorry you had to find out the hard way that possibly someone didn't do what they were supposed to do.

thermobryan · #14 06-23-2004, 11:10 PM

Quote:

Originally posted by AGDLynn
Sorry, but just because an official wrote it doesn't mean it's true.
Daily example from work: Prosecutor signs off on a 3 part local expungement form saying that the request is approved HOWEVER, the arrest has a conviction, not guilty or other reasons which nullify the "approval". Then the applicant yells at us because THEY were the ones convicted/found not guilty or other reasons.

Sorry you had to find out the hard way that possibly someone didn't do what they were supposed to do.

yeah, true...I just usually assume people are semi competent in their jobs...

James · #15 06-24-2004, 07:41 PM

Bunch of stuff deleted for obvious reasons.