Job Offer Rescinded for Background Check?
Just wondering how common is it for firms to actually rescind a job offer due to criminal background checks such as a misdemeanor?
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just disclose it and tell them what happened. they're gonna know anyway. unless it was something pretty bad then you should be good. they're not looking for ways to get rid of you, they just want to know who you are and what you've done
What did you do? If it involves stealing or fraud, that could make it worse.
Anything that could affect the company in the future is likely to warrant a discussion. Most of the time it won't be a black-or-white deal - they'll come to you with a formal inquiry and allow you to explain what happened, provide any relevant documentation, and then cross-reference that by reaching out to third parties to independently verify. When I've hired people, I've done this many times - it doesn't mean an auto-rescind, and from the 2-3 times I made a formal inquiry we still gave the guy the job.
It's really just a checklist item that reduces our liability and may slow down the hiring process by a little while. The most common one that I saw was a DUI - if it's a one-time thing that happened in college, it usually won't matter, especially if they've demonstrated that they learned from their mistake which we can only gather subjectively by having them talk with us. If it hits along the more white-collar note be it securities fraud, counterfeiting, misreporting of aggregate funds, etc., then it's pretty much a no-go as we can't risk having that behavior leak over to our name, regardless of how trivial it may seem at the time.
The decision is made less by me and members of our immediate team, and more of an HR-type thing. There are certain baseline points they have to clear, and then they're passed up to us for further review. This is a lot of words, but all-in-all you're never gonna get automatically blanket rescinded without at least an explanation or meeting.
Edit: one side-note is that you HAVE to disclose it. On our portal for hiring, if you've been convicted of a felony or misdemeanor and intentionally check "no", that's the one exception to everything I've said above. It just sets the lying precedent, which we won't bring into our shop.
If they have not asked for anything - should you still disclose it? They will find out either way tho
You answered your own question. Unless it's contained in a sealed record (either statute of limitations expired, points dropped, or a signed deal w/ the corresponding judge), then all prior criminal misdemeanor and felony convictions will be displayed on an SBC. I don't believe charges appear, only convictions. Unsure what system our HR and Legal team use for this stuff, we just get the high notes that they hand over if they're needed.
So yes, I'd disclose it if it's a conviction within the past five or ten years. If it's only a charge (and thus a corresponding acquittal), consult your lawyer and determine if it'll display. If nothing can be pulled then there's no reason to bring it up, but that's a different situation entirely.
Okay thanks - have a friend that has landed a spot at a BB. He has a past conviction that does not exist on the police records anymore (was several years ago). The only way to find information about this is to contact the specific court of interest, so in other words, it does not exist when running a criminal record check. What would you recommend him doing in this case? The HR has not asked for anything yet
At this point, I'd say no real reason to report it. If it's not accessible on a state police database, then it really no longer exists. Without knowing anything about your friend's situation, I'd guess that the statute of limitations had expired on the charge, usually via a plea deal that's been reached on his original court date. You know, something like "you pay a $5000 fine, do 60 days community service and keep up with your parole officer, and the charges will be expunged in five years" - that seems to be pretty common.
While there's always a trace record of expungements in the system, it acts more like an acquittal than a conviction. Obviously, the charge wasn't bad enough that it could be a permanent sentence, so I'll take it he probably didn't kill anyone, but rather got a DUI. He doesn't have much to worry about.
Years ago I clicked yes on a misdemeanor while applying for a job and was rejected immediately after clicking submit. Ever since then I’ve answered ‘no’ and have yet to get questioned on my past. I think they honestly only give a shit if some form of theft or fraud comes up.
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