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Fired because of background check from a different company

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M

mak0920

Guest
Background check question

What is the name of your state? New York

My husband was charged three years ago with theft (in Maryland). He was stealing from his employer ... they obviously fired him. We went to court and paid the company a large sum of money and the judge gave him Probation Before Judgement (1 year probation). He has not been in any trouble since then. We now live in New York and the company he works for did not do a background check on him prior to hiring him, but now they are going to start doing contract work for Home Depot and they (Home Depot) require a background check on everyone before they will allow them to do any work. When we were in MD he was certified through Home Depot to do work (this is after the arrest), they ran a background check and still allowed him to work. They want to do another check on him now because he is in NY and working for a different company. My question is ... how does Probation Before Judgement work? Can they deny him employment even though they allowed it in MD? Can his current employer fire him for this? What do we need to do to get this expunged from his record?

Thanks!!
 
Last edited:


HomeGuru

Senior Member
mak0920 said:
What is the name of your state? New York

My husband was charged three years ago with theft (in Maryland). He was stealing from his employer ... they obviously fired him. We went to court and paid the company a large sum of money and the judge gave him Probation Before Judgement (1 year probation). He has not been in any trouble since then. We now live in New York and the company he works for did not do a background check on him prior to hiring him, but now they are going to start doing contract work for Home Depot and they (Home Depot) require a background check on everyone before they will allow them to do any work. When we were in MD he was certified through Home Depot to do work (this is after the arrest), they ran a background check and still allowed him to work. They want to do another check on him now because he is in NY and working for a different company. My question is ... how does Probation Before Judgement work? Can they deny him employment even though they allowed it in MD? Can his current employer fire him for this? What do we need to do to get this expunged from his record?

Thanks!!
**A: the title subject of your thread is misleading.
 

Beth3

Senior Member
"how does Probation Before Judgement work?" I'll have to let someone else answer that but there's no question that this will show up as a conviction on your husband's criminal record.

"Can they deny him employment even though they allowed it in MD?" Yes, if they wish to.

"Can his current employer fire him for this?" Maybe. The larger issue is when your husband filled out his current employer's application form, how he answered the question, "Have you ever been convicted of a crime?" Was he truthful? If not, then they certainly may well terminate him when they discover he lied.

"What do we need to do to get this expunged from his record?" For starters, you'll need to see an attorney.
 

enjay

Member
Probation before Judgement is not a conviction. In Maryland, a PBJ can be expunged after 3 years. The paperwork can be found on the internet and the process can take a few months.
 

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