Massachusetts Law on Hiring w/ criminal record

[cj123]

What is the name of your state? Massachusetts

Hello, I was hoping someone may be able to help.

I have been offered a job pending my background check. I plead guilty to a Misdemeanor DUI in 2004 in California.

I am worried that I may be rejected for the job due to this conviction. Driving is NOT a part of my job.

I found this statement on a website regarding HR issues and wondering if I am safe based on this. I am not sure if it is a law or not:

"An applicant cannot be legally rejected in Massachusetts due to a felony conviction unless the nature of the crime is related to the job for which the individual is being considered. For example, an applicant for an accounting position should not be rejected solely on the basis of a conviction for draft evasion. The applicant could be legitimately rejected if the conviction were for embezzlement or theft."

If anyone could reply I would appreciate it, thank you in advance!

 

[cbg]

Since driving is not a part of the job and since you were convicted of a misdemeanor, not a felony, I would not think this should be a bar to employment.

 

[xylene]

A DUI is a serious criminal matter.

But given the job involves no driving you do not appear to be barred.

Will the job ever involve international travel? If yes, a DUI could pose a serious impediment, as many countries (including Canada) bar as ineligible those with a DWI.

 

[CO19]

There is no law in MA prohibiting an employer from consideration of a DUI conviction in their candidate selection process, driving or not. The conviction occurred within the prescribed years for consideration under MA law. However, most responsible employers will evaluate the entire background report, among other criteria, as part of the overall candidate selection process.

If concerned about your CA criminal record being an obstacle to employment, I encourage you to commence the procedures to have the record sealed or expunged.

 

[sburgen97]

A DUI is a serious criminal matter.

But given the job involves no driving you do not appear to be barred.

Will the job ever involve international travel? If yes, a DUI could pose a serious impediment, as many countries (including Canada) bar as ineligible those with a DWI.

Canada does not "bar" someone from company driving for a DUI. They will initially turn you down from entering, however, the person can then complete an entry application, pay an initial fee, (which I believe is 100-150.00) and the constable with then make a decision as to whether or not to let the person in to drive. If approved, they will then let you know if they require any additional money from you. This process could take several months. If you are willing the pay the fee, which they will NOT tell you the exact total up front, and could be as high as a few thousand dollars, then you eventually will be able to drive. If you decide NOT to pay the fee, the original funds that you paid are non-refundable.

 

[mlane58]

Canada does not "bar" someone from company driving for a DUI. They will initially turn you down from entering, however, the person can then complete an entry application, pay an initial fee, (which I believe is 100-150.00) and the constable with then make a decision as to whether or not to let the person in to drive. If approved, they will then let you know if they require any additional money from you. This process could take several months. If you are willing the pay the fee, which they will NOT tell you the exact total up front, and could be as high as a few thousand dollars, then you eventually will be able to drive. If you decide NOT to pay the fee, the original funds that you paid are non-refundable.

And how does Canada fit into the picture here?

 

[eerelations]

And how does Canada fit into the picture here?

sburgen97 was responding to xylene's post, where she (xylene) mentioned Canada.

 

[xylene]

Bored of Canada mlane?

my point was that a DWI conviction most certainly does impact the ability to travel abroad, including to Canada.

Lots of companies do business in Canada, and that would be an example of direct relevance to job performance

BTW to the xylene hater:

My statement that a DWI conviction makes a person criminally ineligible to entry Canada is completely factual.

Yes their are measures to overcome this disability, but any person should realize they are completely discretionary and at the mercy of Canadian immigration. They are potential very costly and have to do with entry, not permission to drive (which is seperate matter) as sburgen97 wrongly states.

Any American who expects or believes they have guaranteed or special rights to enter Canada is sorely mistaken.

 

[sburgen97]

my point was that a DWI conviction most certainly does impact the ability to travel abroad, including to Canada.

Lots of companies do business in Canada, and that would be an example of direct relevance to job performance

BTW to the xylene hater:

My statement that a DWI conviction makes a person criminally ineligible to entry Canada is completely factual.

Yes their are measures to overcome this disability, but any person should realize they are completely discretionary and at the mercy of Canadian immigration. They are potential very costly and have to do with entry, not permission to drive (which is seperate matter) as sburgen97 wrongly states.

Any American who expects or believes they have guaranteed or special rights to enter Canada is sorely mistaken.

Xylene..I have not stated this wrongly. My husband owns a trucking company in the US and has accounts in Canada. He has had drivers with DUI's on their records, and THEY CANNOT get permission to drive in Canada, under U.S. employment unless they go throught those steps. He has been through this many, many times. The thread was not talking about 'entering' it was about 'driving'. You should READ before you post!