Help! Job offer pending

[vme1985]

What is the name of your state (only U.S. law)? OHIO

I have a question regarding pre employment procedures. I applied for a job and had an initial interview and then a second interview and after a three week process was I received an offer. This offer is contingent upon passing a standard background check and drug test. While applying I was asked if I was ever convicted of or currently awaiting disposition on a Felony to which I answered no (which is true). I do, however, currently have an open case for a misdemeanor. I am to sign and return my official offer and am curious as to whether or not I should disclose this information as I know when the background check is processed the open misdemeanor will show as "pending." I want this job and have been truthful as I was asked throughout the process and want to know what is the best route to take. So, in short (yes I'm fairly long-winded) when I submit my formal acceptance, should I briefly explain myself or wait until I am asked after the results of the background check? The misdemeanor is for petty theft mind you. Thank you for your advice!

 

[swalsh411]

They didn't ask about misdemeanors and I wouldn't volunteer. Whether or not it shows up will depend on the depth of the background check. Most of the pre-employment background checks I have seen for positions which do not involve access to highly sensitive information just look for felonies.

 

[vme1985]

A part of my position will grant me access to information to conduct background and credit checks for future tenants. I'll be a leasing consultant and the misdemeanor theft that is pending is for shoplifting. So I still should not disclose this?

 

[swalsh411]

I would not volunteer this information. But it's a risk either way.

 

[vme1985]

I don't think I will, but if I do, what would be the best way to approach it myself or if I'm called to clarify the situation? In your opinion, am I going to lose this opportunity? Thanks for your candid advice.

 

[cbg]

You are not obligated to volunteer any information that is not asked for.

If you are asked, tell the truth to the best of your ability.

I don't know what other answer you are looking for.

 

[vme1985]

I guess it's just anxiety in that I am damned if I do or don't.

 

[ESteele]

I agree with the foregoing responders. Do not volunteer. Additionally, if asked about the pending misdemeanor charge, tell the truth (with the most favorable, truthful “spin” possible).

The following suggestion may not alleviate your current situation. Nonetheless, you may want to ask your attorney whether the current theft charge can possibly be disposed of pursuant to a diversion program. If so, you can potentially avoid a conviction and resolve this situation expeditiously.