misdemeanor traffic conviction in another state

[charming8783]

What is the name of your state? WV

my understanding is that employers may only ask about convictions that are reasonably job-related. having been a stock broker until last may when my business failed, i have passed the most stringent of background checks in the past.
i now have a misdemeanor traffic conviction in another state that does not show in wv. due to the failure of my business i still owe the fine - this happened over a year ago now and a bankruptcy was the result. i intend to pay it when i am again gainfully employed.
my question is whether a general background check will typically show misdemeanors in all states and if so, how i might tactfully answer the illegal inquiries (meaning broad inquiries, not related to the job - as have you ever been convicted of any felony or misdemeanor?) i am concerned that the fact that i have not met payment of the fine will show, affecting me detrimentally in my job search.
also, i am offended by the waivers at the bottom of the apps that state that i give permission for credit checks, etc. to be performed - i understand that this is illegal as well but cannot figure out how to avoid giving permission except to mark it through and again, that would probably hurt my chances at a job.
i do not wish to appear uncooperative but giving blanket permission for anyone and everyone to know intimate details of my life, unrelated to the work at hand, seems unfair. there are laws against asking these questions, or certain forms of them and yet they appear on nearly every application I receive.
how does saying "I have never been convicted of a crime involving theft, fraud or other dishonesty, murder, assault, or other violence or the sale or possession of illegal drugs" sound?
And "to be released if shown to be reasonably related to performance of the job in question" beside the waiver to release credit information. does this seem sensible to you given the circumstances and the laws?

 

[cbg]

First off, state law determines what an employer can ask about with regards to convictions. There is no across-the-board regulation that affects ALL employers in EVERY state limiting them to convictions that are job-related. I'm not in my office so I can't tell you what your state law says.

Whether or not a background check will show this fine will depend on how deeply the employer checks. Not all background checks are created equal.

It is NOT illegal for an employer to do a background or credit check on an applicant.

You don't get to decide what information to supply. Or rather, if you choose not to provide all the information the employer requires, they are at liberty to eliminate your application from consideration.

 

[Beth3]

"i am offended by the waivers at the bottom of the apps that state that i give permission for credit checks, etc. to be performed" I suggest you get over it because that's a standard statement on the bottom of virtually every application form.

"i understand that this is illegal as well but cannot figure out how to avoid giving permission except to mark it through and again, that would probably hurt my chances at a job." Yes, it certainly will. If nothing else, it will make the employer wonder what you're trying to hide and they'll assume the worst.

"i do not wish to appear uncooperative but giving blanket permission for anyone and everyone to know intimate details of my life, unrelated to the work at hand, seems unfair." An employer is not going to bother to spend the time and money doing any kind of reference or background check on you until the point in time where they are serious about you as a candidate for a position.

"there are laws against asking these questions, or certain forms of them and yet they appear on nearly every application I receive." While State law varies, there are no States in which it is illegal to ask about criminal convictions. What the employer can DO with that information varies by State.

"how does saying "I have never been convicted of a crime involving theft, fraud or other dishonesty, murder, assault, or other violence or the sale or possession of illegal drugs" sound?" Like you're trying to find a loop-hole to avoid answering the question they're asking.

"And "to be released if shown to be reasonably related to performance of the job in question" beside the waiver to release credit information. does this seem sensible to you given the circumstances and the laws?"" I understand the position you're taking but if I saw a candidate write all that in response to a simple question such as "Have you ever been convicted of a crime?", I'd wonder what kind of game the applicant was trying to play and I"d likely take an immediate pass.

If you have something in your past you think will be of concern to an employer (no matter what it is), you're best off informing them at the appropriate point in the interview process and briefly explaining the circumstances. That's much more likely to serve you well than playing "dodge ball" with the application form and the interview process.