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  #1  
Old 04-11-2006, 10:54 PM
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Join Date: Feb 2006
Posts: 20

Urgent help needed Misdemeanor and background check


What is the name of your state? OHIO

Hi,

Here's a brief description of my case:

Convicted of a Class C misdemeanor . It was sexual imposition oriented case. I was arrested and jailed for a month in Dec 2005 and now I am in probation for a year (till Dec 2006). I have already completed 3 months of my probation and my probation officer has indicated to end my probation by June 2006.

1. I had recently applied for a job and in fact got selected. In the application, they had asked if I was convicted of a felony for which I had replied NO. I did not mention anything about my misdemeanor. Is that the right thing to do?

2. Now my employer is asking me to sign up a form to perform background check on me. Will he come to know about the misdemeanor? Will he reject it stating that I was not entirely honest?

3. Upto what level do the employers usually dig deep? Do they search for the cases present in the courthouses or do they usually limit themselves to state level? In other words, if a police check is performed upto what level do they search?

4. The job was referred to me by one of my friends who works in the company. If the employer finds this out, then will he fire my friend for referring someone with a record?

Please advise. I have had several restless moments due to the mess I got into.
  #2  
Old 04-11-2006, 11:09 PM
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Join Date: Dec 2005
Posts: 124

If they ask only about felony convictions...


then it's quite possible the background check may only search felony courts or Dept of Corrections type of records where they only check records of those who have been incarcerated for over a year (this is what NY has). You would not be lying if you said "no" to having been convicted of a felony because you only have a misdemeanor. if a mandating agency is only interested in disqualifying offenses such as felonies, thy still might report your misdemeanor but they would leave it up to your employer to make a hiring decision. Your misdemeanor could show up depending on the check but then again you would not be lying. usually a class C misdemeanor shows up on a lower level court check such as the criminal or municipal court

i don;t know if they would fire your friend--if they did they would have to pay him unemployment compensation because that's not really an act of employee misconduct. besides the company is doing a background check anyway
  #3  
Old 04-12-2006, 01:20 PM
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Join Date: Feb 2006
Posts: 20
Thanks for your response. It was very helpful
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