not convicted

[girl14328]

What is the name of your state? Massachusetts


I recently lost my job due to criminal charges being filed against me.

Now I am trying to pick up the pieces, get a new job, and get on with my life.

I have not been convicted of any felony (and hope I never am, though I can't predict the future)...

On all of the job applications I have filled out, I do not check the box "have you been convicted of a felony" (because I havn't - innocent until proven guilty)

BUT, do these potential employers see my arrest and charges when they pull up my criminal record??
Is this enough to dismiss my application, without knowing anything about the situation?

Just trying to find out what my rights are.. it hasn't been very long since I lost my job but I REALLY need another one and don't want something I havn't been convicted of to ruin my chances of finding a way to pay the bills.

 

[nohr4u1yr]

Be honest

You stated that you were fired due to criminal charges but you have not been convicted yet.

Just to let you know your application can be passed over since you did not complete it entirely. When a employer brings up your criminal record the first thing we (I) do is look at the application to see what you checked. If you don't check anything it can be assumed that you were trying to hide something. (if a company does criminal background checks they conduct them on ALL applicants they are interested in - it doesn't matter if you say yes or no)

Depending on what the charge is it may not matter if you have been arrested.

FYI...I use to work for a bank so obviously anyone that had a theft charge was out! If they had a dui - well so be it - they would still be considered - unless it was 2 or 3.

What were you arrested for? And what type of position are you looking for?

 

[cbg]

Not all background checks are created equal. What shows on a background check will depend on what information the employer asks for.

Massachusetts limits what information an employer may ask for/use in making employment decisions. Were you charged with a felony or a misdemeanor? It matters to the answer.

 

[nohr4u1yr]

company used for b/g checks

Not all background checks are created equal. What shows on a background check will depend on what information the employer asks for.

Massachusetts limits what information an employer may ask for/use in making employment decisions. Were you charged with a felony or a misdemeanor? It matters to the answer.

We use an outside company to do our background checks and if I remember correctly Mass. requires a seperate waiver signed by the applicant to provide information. It also depends on what the company wants to spend ($) because you can do county and statewide background checks.

 

[cbg]

What I was getting at is that there are some specific misdemeanors that an employer may not ask about at all.

I've been an HR manager in Massachusetts for 25 years, btw.

 

[girl14328]

re: bg checks

Well I have not been convicted of a felony.

I have several felony charges against me, but I havn't been arraigned on all of the charges.

And the charges I have been arraigned on, I pleaded not guilty and am awaiting pretrial and all that stuff.

How does this show up on a background check?

Again, I don't have a "record" yet (That I know of).
I've got an arrest and arraignments but no conviction.

Also, if a background check comes back and shows this information, can the employer ask specifics?
I am not supposed to discuss details of the charges with anyone.

What are they entitled to know about the situation, given that I am not guilty of anything right now?

 

[cbg]

As I said, what shows on a background check depends on the background check. Not all employers check criminal records, and those who do, do not always check all the same things. As nohr pointed out, they might only check your local county, or they might check the entire state. They might ask for information that would include pending charges or they might not.

You're looking for a black and white answer to a question that doesn't have one.

 

[girl14328]

Gotcha

Thanks for all of your help