• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Employment with Convictions/Record?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

M

mountainbiker

Guest
What is the name of your state?What is the name of your state? RI

My boyfriend had a felony conviction in 1999 and a misdemeanor this past year. He is graduationg college and we are both concerned with the background check :( and his ability to obtain a good job because of his past. Here are the records that we have. Can this be expunged? If so when? Should he only be concerned with the felony? :confused: He was only 20 then. Any help you can provide is greatly appreciated.

This is the first case:
Court : (CR) CRIMINAL
Filing Date: Monday , April 19th, 1999
Type: F - FELONY
Status: DS - DISPOSED/SENTENCED

Charge# Charge Disposition / Date Sentence / Judge
1 MAINTAIN COMMON NUISANCE FILED/NOLO PLEA
07-MAY-03 SUBSTANCE ABUSE COUNSELING
COMMUNITY SERVICE 100 HOURS
RESTITUTION

TOTAL ASSESSMENTS
2 MALICIOUS DESTRUCTION PROPERTY FILED/NOLO PLEA
07-MAY-03
3 COUNT NOT CHARGED
101 POSS SCH I - V CNTRL SUBSTANCE INFORMATION SIGNED
15-JUN-99
102 MALICIOUS DESTRUCTION PROPERTY INFORMATION SIGNED
15-JUN-99
103 DRIVING MV LICENSE SUSPENDED NO INFORMATION SIGNED
15-JUN-99

Description
19-APR-1999 EVENT ACTION
19-APR-1999 DEFT REFERRED PUBLIC DEFENDER
19-APR-1999 TYPE OF BAIL SET
19-APR-1999 CASE INITIATION
03-MAY-1999 EVENT ACTION
03-MAY-1999 EVENT REASON
15-JUN-1999 DISPOSITION PROSECUTOR
29-JUN-1999 INFORMATION FILED
13-JUL-1999 EVENT ACTION
13-JUL-1999 EVENT REASON
20-JUL-1999 EVENT ACTION
20-JUL-1999 EVENT REASON
23-JUL-1999 NOTICE, DEFT REFD DIVERSION
20-JUN-2002 NOTICE, DEFT TRMNTD DIVERSION
09-JUL-2002 NOTICE SENT TO DEFENDANT
29-JUL-2002 DEFT DOES NOT APPEAR
31-JUL-2002 WARRANT ISSUED
31-JUL-2002 DATE VACATED BY JUDGE
06-AUG-2002 WARRANT CANCELLATION EVENT
06-AUG-2002 ARRAIGNMENT EVENT
06-AUG-2002 DEFT ARRGN & PLEADS NOT GUILTY
06-AUG-2002 DEFT REFERRED PUBLIC DEFENDER
06-AUG-2002 PERSONAL RECOGNIZANCE SET
06-AUG-2002 RECOGNIZANCE FILED
06-AUG-2002 WARRANT CANCELLED
07-AUG-2002 NOTICE SENT TO DEFENDANT
13-AUG-2002 NOT YET INTERVIEWED BY P.D.
20-AUG-2002 NOT YET INTERVIEWED BY P.D.
21-AUG-2002 NOTICE SENT TO DEFENDANT
27-AUG-2002 PENDING FURTHER INVESTIGATION
28-AUG-2002 NOTICE SENT TO DEFENDANT
09-SEP-2002 NOTICE SENT TO DEFENDANT
10-SEP-2002 PENDING FURTHER INVESTIGATION
10-SEP-2002 PENDING FURTHER INVESTIGATION
24-SEP-2002 COMPLETED
24-SEP-2002 ENTRY OF APPEARANCE
26-NOV-2002 DEFENSE ATTY UNAVAILABLE
02-DEC-2002 DEFENSE ATTY UNAVAILABLE
09-DEC-2002 PENDING FURTHER INVESTIGATION
10-DEC-2002 NOTICE SENT TO DEFENDANT
16-DEC-2002 DEFT REFERRED PUBLIC DEFENDER
17-DEC-2002 NOTICE SENT TO DEFENDANT
23-DEC-2002 PENDING FURTHER INVESTIGATION
30-DEC-2002 PENDING FURTHER INVESTIGATION
30-DEC-2002 DEFT REFERRED PUBLIC DEFENDER
13-JAN-2003 NOTIFICATION PROBLEM
17-JAN-2003 PUBLIC DEFENDER T/ENTER APPEAR
17-JAN-2003 MOTION TO WITHDRAW
17-JAN-2003 GRANTED
28-JAN-2003 REFERRED TO DIVERSION
28-JAN-2003 DIVERSION
11-APR-2003 NOTICE, DEFT TRMNTD DIVERSION
23-APR-2003 PENDING FURTHER INVESTIGATION
25-APR-2003 ENTRY OF APPEARANCE BY P.D.
28-APR-2003 NOTICE SENT TO DEFENDANT
28-APR-2003 NOTICE SENT TO DEFENDANT
07-MAY-2003 DEFN RETRACTS PLEA/NOT GUILTY
07-MAY-2003 DEFENDANT RE-ARRAIGNED
07-MAY-2003 PRE-SENTENCE REPORT WAIVED
07-MAY-2003 AGREEMENT TO PAY COSTS
07-MAY-2003 CERTIFICATE OF JUDGE
07-MAY-2003 DISPOSED/SENTENCED
08-JUL-2003 COURT ASSESSMENTS PD IN FULL
17-JUL-2003 PROGRESS REPORT ACCEPTED

This is the second case:
Court : (CR) CRIMINAL
Filing Date: Thursday , March 04th, 2004
Type: M - MISDEMEANOR
Status: CCP - COURT COSTS PAID IN FULL

Charge# Charge Disposition / Date
1 LARCENY <$500/MISDEMEANOR PLEA OF NOLO CONTENDERE

Description
04-MAR-2004 COMPLAINT FILED
04-MAR-2004 DFT APPEARS, ARRN, PLEADS NOLO
04-MAR-2004 DISPOSED/SENTENCED
05-APR-2004 WARRANT ISSUED
05-APR-2004 COURT COSTS PAID IN FULL
06-APR-2004 WARRANT CANCELLED

We can't afford a lawyer but his life is finally on track. Can anyone help me with information?

THANK YOU!!!
 


M

mountainbiker

Guest
Does &quot;Disposed&quot; in Legal terms take it's actual meaning?

I wasn't sure if "Disposed" meant anything. It did come up on his record for a background check for the first job opportunity he had. They let him know that it came up and that they could not hire him. If you disclose that you have a conviction like that, do employers automatically deny employment?

Thanks again.
 

JETX

Senior Member
mountainbiker said:
I wasn't sure if "Disposed" meant anything.
It only means that the matter is closed. It does NOT mean it was thrown in the trash or that it was deleted or removed.
disposition
n. the court's final determination of a lawsuit or criminal charge.

If you disclose that you have a conviction like that, do employers automatically deny employment?
It depends on the type of job being applied for... and the policies of the potential employer.
 
O

okamsrazor

Guest
Umm you should be concerned. Who would hire a felon? Not only does he have a felony, but 4 years later he got arrested AGAIN for a misdemeanor??? Sounds like he wasted a lot of money on college. His time would have been better spent earning money and advancing in his gas station career.
 

cbg

I'm a Northern Girl
Will an employer automatically deny employment? No. Some employers are willing to give someone a second chance. Not all will - any conviction runs the risk of affecting employment. But it's not an AUTOMATIC denial with all employers.

A better question is, if I do not disclose this information and (a) it comes up in a background check or (b) the employer finds out about it some other way (and that is MUCH easier than you might think) what are my chances of getting/keeping the job? Essentially zero. Falsification of your application, is a sure way of having your application filed in the circular file, and if the employer doesn't find out till after hire, it's grounds for immediate termination.

So if you're thinking about leaving the information off any applications, don't.

If the question is not asked, you do not need to volunteer. But if a question is asked, either on the application form or in the interview, you do yourself no favors by lying, regardless of whether we are talking about a lie of commission or omission.
 
M

mountainbiker

Guest
Thank you

I would just like to thank all the intelligent people who answered my questions. It is a shame that there are such ignorant people in this world. I forgot that perfect people are the first to point the finger at others.

I would like everyone to know that my boyfriend was just offered a position in May at New England BioLabs as a Molecular Biologist. He indicated his felony with an explanation and was hired. The misdemeanor did not need to be mentioned. Although the misdemeanor is being expunged because he was held at gun point in a store robbery, he never really stole anything. :)

It is a GREAT thing not everyone is as ignorant or naive (which is not secret code for perfect)as okamsrazor, or we would still be living in the ice ages, with all the prejudice.

Thanks!!! :) :) :) :)
 
N

nitroeater

Guest
I agree with moutainbiker with the exception that noone is perfect, and it irritates me that some people are so arogant that they claim to be. thinking it is true does not make it so. PEACE-jcs
 

MUIRSADIE

Junior Member
I agree with "cbg" Do not lie on your application that is reason for not hiring a convicted felon. (Been there done that)
If an employer does refuse to hire you because of a felony that is discrimination, get an attorney and sue his or hers ass don't let them get away with it. Finding employment with a felony is hard enough.
 

<Bill>

Member
MUIRSADIE said:
I agree with "cbg"
If an employer does refuse to hire you because of a felony that is discrimination, get an attorney and sue his or hers ass don't let them get away with it.
>>>WRONG<<<
 

JETX

Senior Member
MUIRSADIE said:
If an employer does refuse to hire you because of a felony that is discrimination
Sorry, WRONG!! There is nothing to prohibit an employer from hiring a felon (in most states... I think that California has a law prohibiting, but it is pretty simple to find another 'reason' :D ).
 

cbg

I'm a Northern Girl
It may be discrimination in the dictionary sense, but what you're failing to consider is that most discrimination is perfectly legal. At the Federal level, the ONLY discrimination that is illegal is based on race, religion, national origin, gender, disability, pregnancy, or because the applicant/employee is over 40. I don't see felons on that list anywhere, do you?

SOME (but by no means all) states place limitations on the employer as to how much they can use the conviction in making hiring or employment decisions. For example, in some states, the employer can only consider the conviction if it was for something that was directly related to the job. For example, if you were convicted of embezzlement, they could refuse to hire you for a job as bank teller or cashier, but not as a hotel housekeeper or a kindergarten aide.

However, in other states, they can see the word, conviction, and toss your application in the do-not-hire pile right then and there, and it's perfectly legal.

It is legal to refuse to hire/terminate employment based on falsification of the application in all 50 states.
 

MUIRSADIE

Junior Member
Yes, you are right!
My apologies if I steered anybody in the wrong direction.
Thanks for correcting me.
Garry Muir
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top