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pre-employment background check??

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rb785

Junior Member
What is the name of your state?MA

Im 19 years old, and about a month ago i was arrested for minor in possesion of alcohol. I pled not guilty and now have an attorney working on my case. My question is is that i just recently applied to Mass Bay Commuter Rail and was told that i would get a background check. Will my arrest come up even though i was not convicted? Will it make me lose my chance to get the job?
 


cbg

I'm a Northern Girl
Not all background checks are created equal. Whether this will come up in the check depends entirely upon what information the employer requested in the check. Nor can anyone here tell you what the employer's response will be if the information does come up.

Did they ask you any questions, either on the application form or in the interview, which would reveal the fact of your arrest? If so, did you tell the truth? Lying on an application or in the interview is almost a guarantee of a job offer being rescinded/being terminated if you have already been hired.

In MA, an employer may not ask about arrests that did not end in convictions; however, they may inquire about arrests where the cases are still pending.
 

rb785

Junior Member
On the application the only question that even came close to me being arrested was "Have you ever been convicted of a crime which has not been expunged or removed from your record?" I answered No and believe i am right by doing so as i have a clean record unless i am convicted of this crime. My interview is next week, and i thank you for the advice to be truthful if they do ask me about any arrests. Because i probably would have said no.
 

cbg

I'm a Northern Girl
You are *probably* okay but I'd feel more comfortable if instead of just answering, no, you'd answered no but that there is an arrest for which the case is still pending. You told the truth, but you didn't tell the whole truth either. If the employer chooses to treat that as a lie of omission, they might be able to make it stick. Be certain that with any other questions that might come up, you tell the complete and literal truth.
 

rb785

Junior Member
Great advice cbg, i will make sure that if any questions do come up about the arrest, i will tell the whole truth, just hope i get the job. Thank you.
 

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