Criminal Background
Well basically I got accepted into a SA position at a BB/elite boutique. They're doing background checks and basically I want to know how/if I should disclose this...
Last spring, I got arrested for possession of MJ. However, I was innocent (one of my dumbass friends had left a bag of herb in my car). I wrote a letter to the DA explaining the situation and he made me take a drug awareness class, after which, the case was dismissed. I'm eligible for an expunction of my record next spring (2011).
The bank has asked me 3 main questions: Whether I've been convicted/whether I've been offered a pre-trial diversion, pleaded no contest, etc./whether I'm doing deferred adjudication?
I said no to all 3 questions because as far as I can tell, I can legally say no to all 3 questions...
However, I'm pretty sure they'll find my record if they do a criminal background check
Anyways, what should I do?
were you fingerprinted?
yeah, i was
If they check, they will find the conviction and it will be perfectly within their right to terminate your offer. I would not recommend emailing HR, because you lied to begin with. You are safer rolling the dice. You had better hope this was not through OCR because then the company might tell your school (but that would be harsh and a long shot).
Well, I wasn't convicted, my case was dismissed. My lawyer also told me I could say no to the 3 questions?
before i give you my advice, realize that I am likely not licensed to practice law in your state, nor do know what state this occurred in, so my thoughts are general in nature and are not to be confused as legal advice (and thus I will not treat this as creating an attorney-client relationship, with all the protections and ethical responsibilities).
now (and sorry about that... just part of the reason i am getting out of the practice of law), personally, i would disclose the situation to your potential employer, complete with copies of the written documents relating to the event. my reasoning? in my experience, most employers are understanding of people who have made a mistake, learned from it and moved on. however, you need to take ownership of what happened and be upfront about it. the alternative, they will find out about it anyway and, while this isn't that big of a deal, attempting to mislead them is and they do care about that - a lot.
that said, if you already answered the questions and returned your responses to them, i would do the following: 1. gather all the documents you received (or should have received) relating to this matter (this should include all court documents, police reports, arrest reports, witness statements, correspondence, etc... the more the better) 2. write a nice, professional, letter to HR at your future employer stating that, upon further reflection of the questions raised on their questionaire, you realized that, while you believe you could answer "no" to those questions, you wanted to be forthright with them and, to err on the side of caution, wished to fully and completely disclose this with them 3. send them the letter and enclose copies of all the documents you tracked down (with a summary of the documents and a short version of your story so they aren't guessing what happened) 4. a week to two weeks later, give the person you sent the materials to a call and just - nicely - ask if they have any questions and, even if they don't, that you are happy to answer any questions at their convenience as they arise 5. learn from this and realize that, as long as you stay out of trouble moving forward, this isn't that big of a deal - just be upfront about it
also, are you sure the case "was dismissed"? i strongly suggest you confirm this. i am willing to bet good money that your case was not dismissed, but rather was resolved via a "deferred imposition of sentence". under this setup, if the defendant behaves for a period of time (like a year or two), the case is then dismissed and expunged from their record. however, even if something is expunged it does not disappear everywhere... the police reports still exist, as do some records at the court house... which any decent background check will find. therefore, as i stated before, regardless of the legal gymnastics, be upfront about your history and people will understand.
i hope this helps. let me know how things turn out.
thanks reform, I really appreciate that post...I was thinking about doing something along those lines and just calling HR and telling them what happened (since they'll find out anyways).
And yeah, I know my case has been dismissed (as opposed to deferred adjudication, pre-trial diversion, plea, etc). However, my record is only eligible for an expunction after 2 years
*Beautiful post. It seems as if you have to answer yes to those questions based on your facts. You did undergo a pre-trial program and had deferred prosecution via you completing the drug awareness facts and the case being dismissed. If it's a misdemeanor you aren't fucked but best to diclose cause ReformedAtty hit this right on the fucking head. Your lawyer is wrong I believe. You plead no contest-->Had the adjudication withheld pending completion of a pre-trial diversion program--> The case was then dismissed and you were not convicted--You are eligible for expunction.
I think I'm right here based upon your facts. You gotta be on top of your shit when it comes to these arrests cause sometimes lawyers don't know the deal and neither do you.
no worries. however, do yourself a favor and do it in writing so you have a record of exactly what you are telling them and so you have the chance to review and revise it to make sure things sound the way you want them to.
finally, do you have access to any free legal advice where you are (older friends, frat house alum, parents friends, law school clinic, etc)? if so, give them a call - most attys will be more than willing to give you an hour of their time to help you out. in particular, i'd have them read your letter and run a background check on you via Westlaw, Lexus, court databases, etc and see what they find. i've helped several kids from my frat house deal with these issues (mostly expungements) and that hour of advice is really worthwhile to make sure things are put together the way you want them.
Definitely disclose this. I went through something similar, although my situation was noticeably worse, and it is not a problem as long as you are completely honest. If you check your legal documents, I would be willing to bet you did in fact, plead guilty or no-contest to your charge, it is the only way to enter deferral programs. I would call HR and tell them you were confused and outline everything. You may be asked to submit further documents to HR down the line. Honesty goes a long way in these situations, and you wont be penalized as long as you are up front about what happened.
Should you contact HR before you disclose on the background check or after you sign and disclose on background check form?
I am currently in the same position as you. I was charged with an aggravated assault with a beer bottle a couple of years ago that eventually got dismissed. They called me about this and I was totally upfront and honest with them about the situation that cold december night. I knew it was going to come up through the background process so I was prepared for the call. I told myself I would answer the questions posed and not try to "sidestep" the question, if you will. Since then my background status went from "in progress" to "preliminary approval".....I'm assuming this is a good thing...hopefully.
The point is, the recruiters are human beings as well and realize that all things must be taken into account....such as life. I'd have to agree with the 'honesty is the best policy' route. Try to be as sincere as possible and let them know your willing to provide them with any documents in regards to your arrest. I submitted the court deposition immediately after our phone call. I feel pretty confident about getting the job....if I don't...please disregard this post and shove it up my recruiters ass!
Guys you think a reckless driving charge will be a red flag? it was going 18 mph over the speed limit
reckless driving is a misdemeanor b
Nah man but a charge is a charge and still should be disclosed. Ur straight if u handprints right most firms won't care.
if you handprints? Im asking would this put me in-trouble with an offer? When is the right time to tell them.
Sorry I meant to say disclose not handprint. I think it's best that you tell them after you accept the offer and before the background check. Don't give a sob story just tell it straight. "This is when the charge happened, this is the plea, this is the outcome, etc etc. At most say it was a youthful indiscretion and even though it is behind you, you want to disclose this to them to avoid any surprises. Say you have all court paperwork on hand and are willing to provide it should they need. Address the issue but don't be dramatic about it I think is the best way.
Ultimately it is up to you though.
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