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arrest questions > 12yrs.

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Bpjok

Guest
Oklahoma. Public school position for a Licensed Occupational therapist asked if I had any arrest or convictions in the last 10 yrs. I had several non-violent Substance abuse related convictions from'78 thru '85. In'89 I received a Jury conviction subsequently reversed and dismissed by the state Supreme Court of appeals. Since this is a nonconviction? my last felony would be '85. I signed agreement to allow them to charge me for purchase of background check and submitted urine analysis. Three weeks into employment, the HR director came to one of the schools I was working at and asked me to explain my extensive arrest record. She dismissed me Very Politely. My boss offered me a good recommendation and says,You can understand because it is children. I didnt even begin my education until my life changed. I have search for legal reasons they limited the question on arrests.OK is trying to pass a bill that eliminates teachers with any convictions. Is the college liable for not informing students on the career consequences?Do I have legal grounds since I was hired on a contract to the end of scool yr?

[Edited by Bpjok on 04-08-2001 at 04:12 AM]
 


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Attorney_Replogle

Guest
To be absolutely sure I would say as a local employment law attorney. Also, the question per your post said arrest or conviction. Thus, the 1989 case would still apply as it was an arrest. Granted the end result of that case was that the charges were dismissed but it was still an arrest. Thus, the employer would have an excellent defense or claim of fraud on your part regarding the arrests if not the convictions part of that pre-employment question.
 
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Bpjok

Guest
arrest questions>12yrs

Thank you Mark for your time. The question was:Have you been convicted of a felony or a crime involving moral turpitude in the last 10 years? Not even a traffic ticket. The reversed conviction of '89 was the result of my last arrest October 1988. Anyway you look at it,I was telling the truth. I dont see a problem there. But, I do appreciate the input.
 

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