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Conditional Discharge in IL

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profesnl1

Junior Member
What is the name of your state (only U.S. law)? Illinois

I was in a very mentally and physically abusive relationship with my ex-partner. I found the strength to leave in Oct. 2004 and when leaving, my ex became violent with me and I fought back, injuring him. I was charged with 2 counts of domestic battery. At my trial date in Oct. 2005, I was advised by my attorney to plead guilty to one charge and the other charge was nolle pros (dropped). I was given conditional discharge and successfully completed it, with a termination of satisfactory.

I am in the process of leaving my employer (Fortune 100 company) for a better opportunity. I am worried what will show up to the other employer, although I have a print out from the courts stating the conditional discharge and successful termination.

Can someone tell me how this will look on a background check? Thanks so much! I have been losing sleep worrying..
 


BL

Senior Member
Not sure about your state , but CDs do come up on searches .

Better to be honest , and if they ask , state that it was an unfortunate incident ,you complied with the terms ,and have been an upstanding citizen since that event .
 

profesnl1

Junior Member
Thanks for the advice

BL,

I appreciate you caring enough to respond. :) I will definitely be honest and forthright when/if asked about this. I was asked on the new employer application the following question:

Have you ever been convicted of a crime that has not been expunged, sealed, pardoned, annulled, statutorily eradicated, or dismissed upon condition of probation? (Please read the information provided below prior to answering this question)?

I answered "no" as it seemed the correct response to the dismissed upon condition of probation. This was my first and only arrest for DV and from what the judge explained to me, would not show up as a conviction.

Any thoughts? Thank you!
 

BL

Senior Member
BL,

I appreciate you caring enough to respond. :) I will definitely be honest and forthright when/if asked about this. I was asked on the new employer application the following question:

Have you ever been convicted of a crime that has not been expunged, sealed, pardoned, annulled, statutorily eradicated, or dismissed upon condition of probation? (Please read the information provided below prior to answering this question)?

I answered "no" as it seemed the correct response to the dismissed upon condition of probation. This was my first and only arrest for DV and from what the judge explained to me, would not show up as a conviction.

Any thoughts? Thank you!
You answered correctly . If asked by an employer is that correct , just say yes that is correct .
 

profesnl1

Junior Member
BL,

So my background check came back for this employer, and as expected, the CD did show up on the county report and also the State Police file. There was an error where the County did not nolle pros one of the 2 counts and they had to fix this in their system. I received a new, certified disposition report which was sent over the the state police and also, the prospective employer.

I was contacted by the company's corporate security team to discuss what happened in 2004 and why I did not indicate the CD on the application, as it shows as a conviction. I stated as we discussed in this thread, that since I received a successful termination of my conditional discharge, the matter was dismissed. I was told that they have to discuss the matter with an HR director and I am really concerned now.

Did I do the wrong thing by not discussing this matter on the application? I followed their terminology directly and did not take liberal understanding of it. I just don't want them thinking that I tried to lie on the application by not admitting what had happened. I am really worried. Is there anything I can do? Thanks so much!
 

BL

Senior Member
It's not a lie on the App. as you posted .

The error has been dealt with , and you're sending them proof of it .

It's not your fault of their error .

Just make sure it's dealt with for other Apps.
 

profesnl1

Junior Member
BL,

Thanks for your response. I really appreciate it and am grateful you can find time to comment to me, as well as others on their respective dilemmas. I need your insight on this recent development, if you please.

I received a call from the corporate security person stating they need further information in order to make a decision. They needed to know the details of why one count of DB-Cause Bodily Harm was guilty and the other count of DB - Make Physical Contact was nolle pros. I told them that there was no evidence that I physically touched my ex-husband, but I did throw an object at him, which caused an injury.

I am wondering if the HR people are just trying to make sure that legally they have their reasons for denying me employment. Or do you think they are actually trying to understand and give me a chance?

Thank you much in advance!
 
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BL

Senior Member
BL,

Thanks for your response. I really appreciate it and am grateful you can find time to comment to me, as well as others on their respective dilemmas. I need your insight on this recent development, if you please.

I received a call from the corporate security person stating they need further information in order to make a decision. They needed to know the details of why one count of DB-Cause Bodily Harm was guilty and the other count of DB - Make Physical Contact was nolle pros. I told them that there was no evidence that I physically touched my ex-husband, but I did throw an object at him, which caused an injury.

I am wondering if the HR people are just trying to make sure that legally they have their reasons for denying me employment. Or do you think they are actually trying to understand and give me a chance?

Thank you much in advance!
If you are really interested in this job , perhaps you could could call HR ,tell them you are very interested in employment with them , and express you interest in meeting with them personally to explain , as I guess you will have to now .

See if they bite .
 

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