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criminal background check

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M

mheaner

Guest
Criminal Background Check

PLEASE REPLY!
i recently was offered a very nice position in Houston, TX with the leading data storage company in the world. I completed a grueling interview process, was offered the position verbally and on paper, turned in insurance info., 401k, etc. and on the fri. before the mon. that i was supposed to start i got a call saying that there was a problem: we found a felony arrest on your criminal background check and it is corporate policy, no matter how much we like you, we cannot hire you. In August of 1999, I was arrested for felony possession of a controlled substance, to whit: cocaine. i pleaded out to 2 yrs. deferred with probation. i am not interested in going after this co. mostly b/c i'm am sure they acted within the law. However, i would like to know if after i complete my probation/deferred adjudication can i have the arrest admonished and in the near term is there anything i can do to limit access to this information? Thank you for your time and expertise!

[Edited by mheaner on 03-20-2001 at 09:20 PM]
 


A

Attorney_Replogle

Guest
Arrest record

Well, our good friends at the Equal Employment Opportunity Commission (EEOC) believe that any questions regarding arrest records are unlawful. See http://employment-law.freeadvice.com/hiring/job_interview_questions.htm.

In California at least, the employer is free to not hire a potential employee as a result of a felony conviction providing that such a deision was a legitimate business reason. However, Texas may have a different law so it is best to speak with an employment law attorney in that state.

Last, every state has differing laws as to whether certain convictions can be reduced to a misdemeanor and then expunged. So, it is best to take this question up with a criminal defense attorney for his/her help.
 

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