Can Employer use arrest when making employment decesions

[jludwig]

What is the name of your state? OHIO

I was fasley arrested in June 2004 for Importuning. This arrest went to the grand jury who issued a no bill, no indictment, the charges were dropped.

I have been working for a school system as a consultant and they wish to hire me full time, a position will be posting soon.

I'm wondering if anyone knows when a school does a background check on me if they will just preform a criminal background check? or will they be able to view the arrest.

If so can they legally use that arrest to deny me a job in the state of ohio?

Of course im aware they can withdrwal any offer for any reason, but I just want to know if I should even consider this position.

Also how should I go about disclosure of the arrest, should I just not say anything until im asked specifically, or tell them up front?

Thanks for the help,

Jason

 

[HomeGuru]

What is the name of your state? OHIO

I was fasley arrested in June 2004 for Importuning.

**A: what the heck is that? Importing radio tuners?
**********

This arrest went to the grand jury who issued a no bill, no indictment, the charges were dropped.

I have been working for a school system as a consultant and they wish to hire me full time, a position will be posting soon.

I'm wondering if anyone knows when a school does a background check on me if they will just preform a criminal background check? or will they be able to view the arrest.

If so can they legally use that arrest to deny me a job in the state of ohio?

**A: yes and they can legally not use the arrest and deny you employment.

***********

Of course im aware they can withdrwal any offer for any reason, but I just want to know if I should even consider this position.

Also how should I go about disclosure of the arrest, should I just not say anything until im asked specifically, or tell them up front?

Thanks for the help,

Jason

**A: how ironic that you are a school consultant. You still need spelling lessons.

 

[Sockeye]

Importuning

There is an actual defintion of this word. From Dictionary.com-

To beset with insistent or repeated requests; entreat pressingly.
Archaic. To ask for urgently or repeatedly.
To annoy; vex.

How the heck do you get arrested for this?

 

[cbg]

I don't know what Ohio laws require; in my state anyone working for a school MUST have a criminal background check run.

You do not need to disclose it unless you are specifically asked a question to which a truthful answer would mean revealing it. You MUST answer truthfully if asked, though; lying on an application or in an interview is grounds for immediate termination.

Since the charges were dropped it is quite unlikely that it will show on a check, and even if it does the school cannot use it as the sole reason to deny employment.

 

[jludwig]

**A: how ironic that you are a school consultant. You still need spelling lessons.

Im a IT consultant, which does not require spelling lessons, dork. Thanks for the crappy awnsers to a serious question. have a nice day.

 

[cbg]

Excuse me? Just what more do you want than I gave you?

 

[jludwig]

There is an actual defintion of this word. From Dictionary.com-

To beset with insistent or repeated requests; entreat pressingly.
Archaic. To ask for urgently or repeatedly.
To annoy; vex.

How the heck do you get arrested for this?

Iportuning in Ohio is so called solicitation for sex verbally. Mine was internet based, chatting on the net. I was messing around in a chat room and was arrested for it, its runied my life since then, even though charges were dropped because I didn't break any law...so stop poking fun ppl its not a laughing matter.

 

[jludwig]

I don't know what Ohio laws require; in my state anyone working for a school MUST have a criminal background check run.

You do not need to disclose it unless you are specifically asked a question to which a truthful answer would mean revealing it. You MUST answer truthfully if asked, though; lying on an application or in an interview is grounds for immediate termination.

Since the charges were dropped it is quite unlikely that it will show on a check, and even if it does the school cannot use it as the sole reason to deny employment.

Thanks cbg for the only honest awnser. I did get a reply that states that they can use it to deny employment, and you state they cannot as a sole reason. Anyone else know the OHIO law good enough to confirm this either way?

 

[cbg]

Ohio law specifically states that an employer cannot inquire about an arrest that has been expunged. Ohio Rev. Code ANn 2151.358 (l); 2953.33

 

[jludwig]

Ohio law specifically states that an employer cannot inquire about an arrest that has been expunged. Ohio Rev. Code ANn 2151.358 (l); 2953.33

Thanks CBG, but I have not had the record expunged. I have thought about it but when I inquire with lawyers around here they tell me its not worth it.

So can they inquire about an arrest that is not expunged but was given a no bill by a grand jury?

BTW...I think you confused my post to someone else was meant for you, I was replying to the other person that was being stupid...just wanted u to know that was not directed to you.

 

[cbg]

If they aren't even allowed to ASK about a record that's been expunged, what makes you think they'd be allowed to deny employment on the basis of an arrest where the charges were completely dropped?

 

[jludwig]

If they aren't even allowed to ASK about a record that's been expunged, what makes you think they'd be allowed to deny employment on the basis of an arrest where the charges were completely dropped?

I don't know, that is why im posting a question here to the forum. I have been told by some ppl that they can, and others they can't. I don't get a straight awnser until now.

Also I have already applied for a job back in Feburary of this month, and I told the employer and the final interview that I had been arrested and the charges dropped, as soon as they heard this they told me they changed their mind the next day. I know from a source inside the company that they had the offer letter drawn up and i was getting the job, until i decided to be truthful, imagine that...

Thats why im asking...

 

[cbg]

Well, since you don't seem inclined to accept anything I tell you, I don't know why I should waste my time any further.

I've provided you with the statutes; read them yourself.

 

[jludwig]

Well, since you don't seem inclined to accept anything I tell you, I don't know why I should waste my time any further.

I've provided you with the statutes; read them yourself.

Thanks for the help you gave, but just so WE are clear, you did NOT fully awnser my question, as the statutes do not specifically state anything about arrest records that were NOT EXPUNGED.

Thanks anyways...

 

[cbg]

You have gotten all the answers that the statutes provide. If there's nothing in the statute, then there's no statutory answer, right?