ridiculouschin
Member
Pennsylvania.
I recently applied for a job through a staffing agency for an Amazon.com warehouse distribution center. I filled out an application and provided information for a criminal background check approximately 2 weeks ago. This past Thursday I was contacted by the staffing agency and told that I had a job, and would report for Orientation this Thursday, July 2nd and given verbally a schedule of the days I was to work.
This morning I received a phone call informing me that I would not be hired do to a prior criminal conviction. About 3 years ago I was arrested and charged with 1st and 2nd degree assault and possession of a dangerous and deadly weapon in the state of maryland. The assault charges were Nolle Prosequi. However i received Probation Before Judgment for possession of a switchblade knife. I am under the impression that once a job has been offered it cannot be rescinded like this. An employer does not have an obligation to state a reason for not hiring a job candidate, but this can of worms has been opened. I believe that an employer cannot refuse to hire based on crimes I have not been convicted of.
I contacted the courthouse in Maryland and spoke to somebody and she advised me to inform the employer that whomever read the background report misunderstood its meaning. She also informed me that I am allowed to make a motion for expungement at this point in time for the PBJ. The woman at the courthouse also informed me how to review the record online and stated that I should show it to the employer that it says "Disposition: PBJ" with an end date. She told me that the form says Plea:Guilty, but Disposition is what they should be looking at. Which clearly says I am not guilty by the mere definition of "probation BEFORE judgment".
I contacted the employer again he requested a copy of the copy of the online record which I provided and he informed me that it said I was guilty, therefore I have no employment with them.
Now I have had several jobs including one that included TSA security clearance , all of them had background checks. I have never heard of being denied a job for crimes that there was no conviction involved. Am I correct in my suspicion that there is a gross impropriety here? If so, what course of action can I take? I was told that if I could have it expunged then I should do so and they will consider hiring me. However, I am laid off, and expungment takes 90 days.
Thank you in advance,
I am also providing a link to the online court file.
Maryland Judiciary Case Search
I recently applied for a job through a staffing agency for an Amazon.com warehouse distribution center. I filled out an application and provided information for a criminal background check approximately 2 weeks ago. This past Thursday I was contacted by the staffing agency and told that I had a job, and would report for Orientation this Thursday, July 2nd and given verbally a schedule of the days I was to work.
This morning I received a phone call informing me that I would not be hired do to a prior criminal conviction. About 3 years ago I was arrested and charged with 1st and 2nd degree assault and possession of a dangerous and deadly weapon in the state of maryland. The assault charges were Nolle Prosequi. However i received Probation Before Judgment for possession of a switchblade knife. I am under the impression that once a job has been offered it cannot be rescinded like this. An employer does not have an obligation to state a reason for not hiring a job candidate, but this can of worms has been opened. I believe that an employer cannot refuse to hire based on crimes I have not been convicted of.
I contacted the courthouse in Maryland and spoke to somebody and she advised me to inform the employer that whomever read the background report misunderstood its meaning. She also informed me that I am allowed to make a motion for expungement at this point in time for the PBJ. The woman at the courthouse also informed me how to review the record online and stated that I should show it to the employer that it says "Disposition: PBJ" with an end date. She told me that the form says Plea:Guilty, but Disposition is what they should be looking at. Which clearly says I am not guilty by the mere definition of "probation BEFORE judgment".
I contacted the employer again he requested a copy of the copy of the online record which I provided and he informed me that it said I was guilty, therefore I have no employment with them.
Now I have had several jobs including one that included TSA security clearance , all of them had background checks. I have never heard of being denied a job for crimes that there was no conviction involved. Am I correct in my suspicion that there is a gross impropriety here? If so, what course of action can I take? I was told that if I could have it expunged then I should do so and they will consider hiring me. However, I am laid off, and expungment takes 90 days.
Thank you in advance,
I am also providing a link to the online court file.
Maryland Judiciary Case Search
