Need advice from those qualified in employment law

What is the name of your state? Pennsylvania

Here's the situation: I was arrested for 1st time DUI in PA in April 2005. For those of you out there who have never experienced this nightmare, please, do yourself the favor and don't ever put yourself in it. Believe me, once is enough, I'm scared straight. TAKE A CAB, CALL A SOBER BUDDY, WALK EVEN IF IT TAKES YOU 2 HRS...FOR GOD'S SAKE DON'T DRIVE DRUNK. I am so thankful that I didn't kill anybody on the road that night. I have friends who continue to drive drunk even after the fact and I know it will only be a matter of time before they end up in my shoes... Sorry for the rant...back to the story... Luckily, I qualified for the county's ARD (Accelerated Rehabilitative Disposition) program. ARD means that after a period of time's probation one can apply to have the arrest record expunged, or tossed out; I need a clean record due to the fact I work with children. As of now, I've paid my fines, completed the DUI classes and have 4 months left on probation. This week, my employer notified employees that criminal record & child abuse clearances would be needed to update personnel files. I know that something will end up on the criminal record check b/c my case doesn't close til April 2006. I have yet to tell anyone of my DUI aside from my family and lawyer...even my close few friends do not know. My new boss has been a welcome, inviting guy; always willing to help me out with whatever problems or issues arrive at the workplace but I still am stressed over telling him about the DUI/not telling about the DUI and I've heard conflicting arguments from my family and lawyer on what to do...I love my job and don't want to lose it...I know that it happened 6 months ago and all but I just haven't said anything to anyone...I am not trying to excuse the mistake I've made but I feel that if I'm finally upfront and talk about it with my employer, things would be far better...I am deciding on a course of action to take next week but I just don't know what to do...can anyone give me some advice? Thanks for the time and don't drink and drive. -- Guilty Conscience

Duplicate post.

For responses, go here
https://forum.freeadvice.com/showthread.php?t=292764

And here
https://forum.freeadvice.com/showthread.php?t=276759

and here
https://forum.freeadvice.com/showthread.php?t=276436

and here
https://forum.freeadvice.com/showthread.php?t=276384

re: question

Belize--

Thanks for the reply. I am still posting b/c I would like to hear a response from someone involved with HR or personnel background. Can anyone with that type of experience please give advice regarding my situation? Thanks for the time.

similar situation--please advise

Pennsylvania


Looking for information on what will show up on a criminal record check. I have paid all restitution on a first offense DUI from April 2005 and am on the ARD (Accelerated Rehabilitative Disposition) program. This poster seems to have the exact same situation that I do:


(easygoinglady

Background Check


What is the name of your state? GA
I was arrested in early 2004, and entered into a Pre-Trial intervention program in the state of SC in 2005. I have paid the fees and was told from the program that it would be expunged from my record in the next month, 2-3 weeks processing time. I am working through a temp agency that pulled my record and it didn't show up, but now the company wants to hire me as a regular employee. I now live in GA and am wondering that if a background check is pulled, will my arrest show up. I was never convicted, because I was a first time offender and agreed to pay restitution and I also performed community service which were the terms to get my record expunged. )

Can someone please advise on what shows up on a criminal record check while on Pre-Trial diversion? Thanks for the time.

JD24PA said:

Pennsylvania


Looking for information on what will show up on a criminal record check. I have paid all restitution on a first offense DUI from April 2005 and am on the ARD (Accelerated Rehabilitative Disposition) program. This poster seems to have the exact same situation that I do:


(easygoinglady

Background Check


What is the name of your state? GA
I was arrested in early 2004, and entered into a Pre-Trial intervention program in the state of SC in 2005. I have paid the fees and was told from the program that it would be expunged from my record in the next month, 2-3 weeks processing time. I am working through a temp agency that pulled my record and it didn't show up, but now the company wants to hire me as a regular employee. I now live in GA and am wondering that if a background check is pulled, will my arrest show up. I was never convicted, because I was a first time offender and agreed to pay restitution and I also performed community service which were the terms to get my record expunged. )

Can someone please advise on what shows up on a criminal record check while on Pre-Trial diversion? Thanks for the time.

Click to expand...

If you want an answer post to your OWN thread.

any knowledge regarding what will show up on background check?

Would appreciate the feedback from any individual involved in HR: Does ARD or any type of pretrial diversion show up on a background check for a first offense DUI? I am going to make a decision soon regarding speaking to my employer. Thanks for the time

This isn't the Field of Dreams. You can keep asking it, but they won't come.

JD24PA said:

Would appreciate the feedback from any individual involved in HR: Does ARD or any type of pretrial diversion show up on a background check for a first offense DUI? I am going to make a decision soon regarding speaking to my employer. Thanks for the time

Click to expand...

First, The accuracy of criminal background checks start at the county level. You need to check with the clerk of court, get your file, and be sure dispo is updated and correct BEFORE an employer/court researcher does - YOUR job! Whether a screening firm can/cannot report depends on the actual disposition as written in court file and state law.

Second, Here is some relevant info regarding PA laws; note that the employer cannot consider arrests only in PA (why important to know exactly how dispo reads).

Pennsylvania
18 Pa. Cons. Stat. Ann. § 9125
Rules for employers: May consider felony and misdemeanor convictions only if they directly relate to person’s suitability for the job.

Rights of employees and applicants: Must be informed in writing if refusal to hire is based on criminal record information.

Agency guidelines for pre-employment inquiries: Pennsylvania Human Relations Commission, Publications, "Pre-Employment Inquiries."