What is the name of your state? NY. I was convicted of disorderly conduct via a guilty plea in NY back in 1996. Disorderly conduct is a non-criminal violation in NY. My record falls under the 160.55 sealing law in NY which means that certain criminal records such as fingerprints(NY and FBI) DA papers and police records are sealed, but the court record is open due to the conviction
I would like to relocate to Ga to be closer to family (parents, brother). In anticipating a future job interview, of course i am also anticipating a background check and any questions that may go along with it. At this point I haven't started a job search but plan to soon
In my favor is the fact that I have a professional license which was not affected by the violation because in NY state a violation is a non-criminal offense and did not need to be reported to the licensing board(only misdemeanors and felonies can cause a license revocation). So in this respect I have a "clean' criminal history in NY state though i do have the violation on my record.
When I get to Ga I will simply transfer the credential from NY to Ga which is the norm for those with licenses who relocate to other states
The violation is accessible through the NY state office Of Court Administration(OCA). In order to obtain info about the violation I assume the Ga employer would have to pay $52 to the OCA, that is, assuming the Ga employer knew where to look for it
If the Ga employer obtained a Consumer report on me, since Ga follows the Federal FCRA model(does not have it's own FCRA laws), and the record is older than 7 years and was only a violation, it is considered 'adverse information" and cannot be reported after 7 years unless my salary would be $75,000 or more(I don't think i would be making that anyway).
if Ga fingerprinted me through the FBI no record should be found since the NY sealing order mandated destroyal of the fingerprints by the FBI
My concern is: Does anyone know the laws in Ga. regarding job application questions regarding criminal history? I probably would be interviewing with the private sector. Is there a standard question that they ask? is it about crimes or is it "all offenses?". Are there any restrictions as to what they can ask?
Do you think they would take into consideration that my license from NY is clean and not even be concerned about it?
Thanks in advance
Rl
I would like to relocate to Ga to be closer to family (parents, brother). In anticipating a future job interview, of course i am also anticipating a background check and any questions that may go along with it. At this point I haven't started a job search but plan to soon
In my favor is the fact that I have a professional license which was not affected by the violation because in NY state a violation is a non-criminal offense and did not need to be reported to the licensing board(only misdemeanors and felonies can cause a license revocation). So in this respect I have a "clean' criminal history in NY state though i do have the violation on my record.
When I get to Ga I will simply transfer the credential from NY to Ga which is the norm for those with licenses who relocate to other states
The violation is accessible through the NY state office Of Court Administration(OCA). In order to obtain info about the violation I assume the Ga employer would have to pay $52 to the OCA, that is, assuming the Ga employer knew where to look for it
If the Ga employer obtained a Consumer report on me, since Ga follows the Federal FCRA model(does not have it's own FCRA laws), and the record is older than 7 years and was only a violation, it is considered 'adverse information" and cannot be reported after 7 years unless my salary would be $75,000 or more(I don't think i would be making that anyway).
if Ga fingerprinted me through the FBI no record should be found since the NY sealing order mandated destroyal of the fingerprints by the FBI
My concern is: Does anyone know the laws in Ga. regarding job application questions regarding criminal history? I probably would be interviewing with the private sector. Is there a standard question that they ask? is it about crimes or is it "all offenses?". Are there any restrictions as to what they can ask?
Do you think they would take into consideration that my license from NY is clean and not even be concerned about it?
Thanks in advance
Rl