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Hiring Applications Question

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house242

Junior Member
What is the name of your state? Georgia
I am looking to leave my current employer and find new employment. I was granted First Offender Status in the State of GA 2 years ago. This does not result in a conviction in this state. Two questions?

1) Do employers in the State of GA have the right to ask potential employees about First Offender sentences on employment applications? It is my impression that these are only arrest records but can be converted to convictions if you do not complete your probationary period successfully.

2) Can employers only ask about convictions and not about arrests? It seems like I recall reading something at the Federal level that regulated that companies may only inquire and use information related to actual convictions in a hiring decision. If they ask questions that go beyond convictions on applications, should I answer no to that question on the application?

Thanks
 


house242 said:
What is the name of your state? Georgia
I am looking to leave my current employer and find new employment. I was granted First Offender Status in the State of GA 2 years ago. This does not result in a conviction in this state. Two questions?

1) Do employers in the State of GA have the right to ask potential employees about First Offender sentences on employment applications? It is my impression that these are only arrest records but can be converted to convictions if you do not complete your probationary period successfully.

2) Can employers only ask about convictions and not about arrests? It seems like I recall reading something at the Federal level that regulated that companies may only inquire and use information related to actual convictions in a hiring decision. If they ask questions that go beyond convictions on applications, should I answer no to that question on the application?

Thanks

1.No, they will not ask about first time offenders or expunged records unless you are applying for the DEA, FBI, CIA or some state licensing boards. Yes if you do not complete probation it along with a probation violation goes on your record. check out this....
http://www.privacyrights.org/ar/rosencrim.htm
2. Employers will ask only for criminal misdomeanor or felony convictions..
http://www.privacyrights.org/fs/fs16-bck.htm
 

CO19

Member
1) Do employers in the State of GA have the right to ask potential employees about First Offender sentences on employment applications? It is my impression that these are only arrest records but can be converted to convictions if you do not complete your probationary period successfully.

> No and you are correct on the second half. However, CRA's can report charge up to, and until, probationary period is completed and FO status is granted (within 7yr period). I strongly encourage you to check with the Clerk of Court where record is maintained to be sure dispo has you as having completed your probation and listed as FO. In addition, I recommend obtaining your GCIC to be sure that record was updated by the court and is not in the state repository.

2) Can employers only ask about convictions and not about arrests?
> Depends on employment laws of each state.

If they ask questions that go beyond convictions on applications, should I answer no to that question on the application?

>If you successfully completed probation and were granted FO status in GA, it is NOT considered a conviction, so answer no on the application.
 

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