Criminal Question on Employment application

[757driver]

What is the name of your state? NV - Las Vegas.
Employment application question

Last year I was arrested on a misdemeanor charge of battery/domestic violence and spent 3 days in jail before getting bailed. The whole thing was a BIG misunderstanding but I am still suffering as a result. There was another charge at another court (divorce petition/spousal support/PO @ family court) all of which I managed to have dismissed as I was able to prove bias/fabrication etc.
I am now reconciled with my wife, we have been in counseling AND I have spent almost 26 weeks in VOLUNTARY anger management classes. I have absolutely no criminal history or arrest other than this. We BOTH sincerely wish the law had not got involved because it would have been over a long time ago if it were left to us.
Originally, I was going to plead not guilty but my lawyer said it would be better to do a deal with the city. Reluctantly I agreed and because it was highly unusual circumstances, the judge deferred judgment until Aug 11. The deal is, provided I stay out of trouble and complete my classes, the charge will be dropped.
After more than 8 months unemployment (Airline biz), I now have a chance to get back on track. But there is a question on the application that asks whether I have EVER pled nolo contendere to either a misdemeanor or a felony. How should I answer this truthfully and without being screened out before even getting an interview. I thought I had pled no contest when I signed the court papers deferring judgment until August but according to the clerk's office, the record shows NO pleas, not even no contest, just a case pending for review. The police records section said all that will show at this time is an arrest record and charge - nothing else. I have already lost one job opportunity because of a court date and I can ill-afford to lose another.
I get the feeling I am getting the runaround including from my attorney.
Does anyone know what kind of checks airlines make and at what level? I want to be honest but I don't want to dig my self a hole and volunteer information - esp. if that info is incorrect. I believe they usually use agencies or PIs to do these criminal checks.
Any suggestions gratefully received. Thanks.

 

[badtenant]

This will put them in an unusual situation later if they try and make something of this.

So the way i see it you can say you have not plead nolo, until the judge makes his decision, on Agust 11th or later.

And then keep all your records in a safe deposit box so if years later the airline says you lied well when i filled out the application i didnt lie, when i was hired before august 11th i didnt lie. I was just following your instructions to the letter of the law.

And if they fire you , i think you would have an excellent case against them.

 

[757driver]

Airline Application

Thanks badtenant,

That was what I was thinking of. Everybody tells you to be honest on employment applications and also in the interview, and that is what I intended to do. I am a law-abiding citizen and have NEVER been in trouble w/the law, anywhere.
Clearly, I don't want to say anything on the app that might incriminate me or is legally or morally untrue - at this point in time. What happens Aug 11 and beyong IS another story. I will KNOW the disposition of the case by then.
I intend going down to the court house today & also the police records section to pull my file and see what they have on me. I am NOT going to take the word of a clerk over the phone who does not know me from Adam nor knows the implications of this important question.
If and when I get the interview (hopefully, post-Aug 11), I will be armed with up-to-date paperwork and will answer any questions then based on the disposition AT THAT TIME. But first....got to get to the interview!
Do you or anyone else happen to know who does these checks for airlines? Is it specialist search firms, private investigators? When I was arrested & booked last year, I had my mug shot & finger-prints done & spent 3 days in the city jail before getting bailed out. My attorney said there is no national record of this only local. However, I have heard of a horror story (similar domestic case in a nasty divorce) where a guy had his lawyer expunge his record but it was done only at the local level & when his employer checked nationally (NDR, I think), bingo it showed up & he was terminated. I know mistakes can and are made & it messes up yr life even more.
Thanks again.

 

[badtenant]

I am NOT going to take the word of a clerk over the phone who does not know me from Adam nor knows the implications of this important question.
=====================

WOW man, you are one smart dude.....

Almost NOBODY ever thinks of actually going down to the Place, what ever it is, and finding out themselves. You would not believe how many posters are on this site claiming some clerk told them not to show up, or its not on your record, or yes you can break your lease without penalties!!!

 

[hexeliebe]

Most Airline background checks are conducted through contract with Kroll Background American located in Nashville, TN. They also do checks for Interpol, and most european fortune 500 companies.

 

[757driver]

Employment Question

badtenant,

WOW man, you are one smart dude.....

Thanks, that's how I became an airline pilot in the first place...plus a few life experiences! Maybe, I should have become a lawyer myself - I feel I have done more work on this than my own attorney who mainly keeps me in the dark & tells me not to worry!!

I got the stuff & it does not look too bad, no convictions (obviously) basically just the charge and review date. However, I did notice a bunch of obvious typos: my street address and number is incorrect; my eyes have miraculously changed color and back in April @ trial the narrative reads "sent to TADC (anger managment classes) when I had already completed 9 sessions so far! Just goes to show - you can't trust anyone, even the law!!!!

The court gave me the narrative of the whole case going back to the arrest. No surprises there. Did show the "not guilty" plea @ arraignment back in Feb but I did not plead nolo apparently. The piece of paper I signed was an adjudication to say I would do my part (continue w/classes to completion & stay out of trouble) in exchange to have the charge dropped next month.
So....it looks like I can truthfully say NO to that employment question, go to court Aug 11, hopefully, have it dismissed, get it expunged, get the paperwork for that & tell the interviewers whatever they want to know then.

hexeliebe

Thanks for yr info too, interesting, as I originate from Europe. Maybe for that reason, I find yr handle interesting too - hexeliebe - German for "witch or witch's love"?!! Hmmmm....

 

[hexeliebe]

You're the only one who has even come close...

BUT I'M NOT TELLING

 

[maz]

In Florida... You will definitly want to have it sealed or expunged.
I applied for an airline job and was denied a 2nd interview after a misdemeanor showed up on my background even though the Judge had ruled ajudication withheld when I pleaded no contest.

I was then denied a job offer driving a delivery truck due to a background check so I deciced to have the case sealed just recently. I'm hoping it wont show up now but Im in the process of doing background checks on myself to see what is there since I need to find a job.

The company that the airline used was called Proudfoot, I think out of NY, The delivery company used PR out of San Fran, both were 10 year checks.

Both applications asked if I had ever been convicted of a felony and never asked about misdemeanors so I answered truthfully and still was denied a job or 2nd interview...all a result of 9-11 I guess.

 

[hexeliebe]

Just so everyone knows, ProudFoot, along with two other companies who do background checks, was recently sold to Kroll Background America of Nashville, TN.

That's why I didn't get too specific in my earlier answer. It's all under the same roof.