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Employer Juvenile Record Checks Michigan

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kwyant23

Guest
What is the name of your state?What is the name of your state? Michigan
When I was 13 years old, (I'm 23 now) I was adjudicated for 3 felonies, 2 of which were for breaking and entering, and the other was for unlawfully driving away an automobile. My problem is that I keep getting fired from jobs for having the felonies on my record. I've been fired from 6 jobs and who knows how many other jobs I was never offered since i'm sure some employers do background checks before they call you for an interview. I've been told by many attorneys and a Judge that I can legally answer no to the question "Have you ever been convicted of a felony" because they aren't considered convictions. Even though i've been told this, employers don't seem to care about the fact they are almost 10 years old and the only thing on my record is juvenile. I haven't been in any serious trouble since then. I don't understand why my juvenile record is so easy for employers to get a hold of.

I attemped to get the adjudications expunged, but the judge told me that he can't legally expunge the record until i'm 30 years old because I have more than 1 reportable offense on my juvenile record. The records will supposedly go away automatically when I turn 30 years old, but I don't know if I can afford to sit here and rot unemployed until then. I'm currently self employeed but I don't make enough money, and I can't afford insurance. Since 911, it seems that almost all employers conduct background checks, even for the worst and lowest paying jobs. What i'm wondering is if anyone knows if it's normal for juvenile records to be as open as adult criminal records in michigan. I've also been wondering if employers are discriminating against me since they are firing me for juvenile adjudications even though the applications only ask about felony "Convictions". If this is a real case of employment discrimination, would I stand a chance at winning a lawsuit with a good attorney? Thanks
 


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d8ddysgirl

Guest
kwyant23 said:
What is the name of your state?What is the name of your state? Michigan
When I was 13 years old, (I'm 23 now) I was adjudicated for 3 felonies, 2 of which were for breaking and entering, and the other was for unlawfully driving away an automobile. My problem is that I keep getting fired from jobs for having the felonies on my record. I've been fired from 6 jobs and who knows how many other jobs I was never offered since i'm sure some employers do background checks before they call you for an interview.

Why are you being hired then? If your being fired after you started it tells me your anwsering no already and they fired you for lying. You would not be fired from jobs once you start because checks are done before you can even start. Something isn't right here.

Why not go into the situation saying "Look when I was 13 I did stupid things. Things I regret, it will show up on my backround check. I have been a good person since then and would like the chance to prove that to you now.

Breaking and entering is serious. ITs basically stealing. No employer wants to know they hired a thief. BUT let them know it was 10 years ago and be sincere. It will take you further then not saying anything and having it pop up.
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CdwJava

CdwJava

Senior Member
Its NOT discrimination. Whether your state permits them to ask about arrests or convictions, I can't say. But if they are allowed to, chances are you have to answer or face the consequences later.

I agree with the above post that suggests you be open with a potential employer. A lot can happen in the intervening years that you can point to and say, "This is what I have done since then to show my good citizenship and character ..."

You could even become a police officer with a 10-year-old juvenile conviction for shoplifting - provided you have done something besides show yourself to be a ne'er-do-well in the interveing time.

Carl
 
K

kwyant23

Guest
The problem is that i've been told I can legally and honestly answer "no" to the question "Have you ever been convicted of a felony" because all my offenses are considered adjudications. I was recently told this by a family court judge,and i've also been told this by a few attorneys in the past. This is the reason why I answer "NO" to the question then later get fired.

I do have 1 more question. I've been researching labor laws in other states and many states have laws that prevent employers from checking juvenile records. IF I moved to another state with such laws, would it then be illegal to dig up my juvenile record and use it against me in a state where i'm supposed to be protected? Thanks
 
CdwJava

CdwJava

Senior Member
I wish I knew the answer about other states - but I don't.

However, depending on the nature of the employer, they may still be allowed to ask about the convictions. For instance, if you apply as a peace officer in CA you would be asked to disclose any arrest or conviction which, if it had been committed by an adult, would have been a felony. It sort of gets around the terminology.

If you are being asked the question unlawfully, then you may have to get an attorney. But, since an employer does not HAVE to hire you, it may be throwing good money after bad. They can always not hire you for some other reason.

Honesty and time usually are the best answers. Maybe answering "No" but still offering an explanation would work.

Carl
 
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kwyant23

Guest
I've tried applying at many places by answering yes to the question just to see if it's more effective, and it isn't. I'm clearly a rehabilitated person, but employers don't know this so they always assume the worst. I was dumb, immature, inexperienced, my family was going through a bad divorce, and I was hanging out with the wrong crowd when all of this happened, but employers don't seem to give a rats *** about the circumstances, and the age of the felonies. I know what I did was wrong but I should be given a second chance. I served my time a long time ago and stayed out of trouble since then. The fact that an ever increasing number of emlployers have a no felony policy doesn't help either. I don't understand how this isn't employment discrimination when the applications only ask about "Convictions", then they decide to fire me solely based on juvenile adjudications.
 
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d8ddysgirl

Guest
It's not discrimination because they have a policy that states no convictions or felonys. I am not seeing where you think you are being discriminated against.


"This is the reason why I answer "NO" to the question then later get fired."

You need to anwser yes then explain yourself. Your being fired for lying and thats not discrimination either.
 
CdwJava

CdwJava

Senior Member
Additionally, a "conviction" is generally a good, generic term for any offense for which you have been found criminally liable or responsible for. In CA we have "True Findings" for juveniles ... for all intents and purposes, it IS a conviction and will show up on a CORI record as such.

I imagine the same is true in MI.

And having a criminal record is not aprotected class in any state I know of, so I doubt you could claim any kind of discrimination under the law.

Carl
 
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kwyant23

Guest
d8ddysgirl said:
It's not discrimination because they have a policy that states no convictions or felonys. I am not seeing where you think you are being discriminated against.


"This is the reason why I answer "NO" to the question then later get fired."

You need to anwser yes then explain yourself. Your being fired for lying and thats not discrimination either.
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I'm not about to answer "YES" to the question when I was clearly told by a family court judge to answer "NO". I see discrimination because they are firing me for supposedly lying on the employment application even though they ask about convictions and my offenses are considered adjudications in michigan.
 
K

kwyant23

Guest
CdwJava said:
Additionally, a "conviction" is generally a good, generic term for any offense for which you have been found criminally liable or responsible for. In CA we have "True Findings" for juveniles ... for all intents and purposes, it IS a conviction and will show up on a CORI record as such.

I imagine the same is true in MI.

And having a criminal record is not aprotected class in any state I know of, so I doubt you could claim any kind of discrimination under the law.

Carl
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This is a juvenile record. I know many, if not most states keep juvenile records out of the hands of employers. Unfortunately, mine doesn't go away for another 6.5 years, when I turn 30 years old.
 
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Peety

Guest
There is another option.

You could apply for a Governors pardon. Getting letters of support from long term associates, your old Probation Officer, the local PD, the DA (in that order) might help. Cheap process too, it takes a while though.

You could attach a copy of your pardon to your application(s). It would demonstrate that you are serious about your rehabilitation, and serious about doing all you can to be considered for employment. It will show you went the extra mile ..... so to speak.
 
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Peety

Guest
If you get a pardon .....

..... do you even have to answer "yes" ?

I think it means you have had the conviction reversed, and you are no longer considered a felon, regardless of how old you were when it happened.

Right ?
 
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kwyant23

Guest
I'd try to get a pardon but i've heard it's like playing the lottery, very few people actually get a pardon. I will wait until I turn 30 and the records will be history. If your records are expunged, or you get a pardon, you don't have to answer "yes" to the question unless its in law enforcement. I have no desire to work in law enforcement anyways.
 
stealth2

stealth2

Under the Radar Member
It's unfortunate that so many kids don't understand how seriously their screw-ups as kids can f*ck up a fair portion of their lives. Perhaps you'd consider stepping up for some volunteer work to help some of them get that missing link?
 
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Peety

Guest
kwyant23 said:
.... but i've heard it's like playing the lottery.......
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They can say, "Yes."
They can say, "No."

But if you don't ask, they can't say, "Yes."
You will be saying, "No" on their behalf.

I guess it's all about what is really important to you.
 
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