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question about expunged criminal record
- Thread starter SkinnyJoe
- Start date
cj65
Gold Member
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SkinnyJoe,
I used to hire and fire for administrative and sales position for a wholesale nursery that grew trees for resale. We did about 8 Million in sales annually. I would check Facebook and Myspace and see if the candidate was stupid enough to show pot growing, or irresponsible behavior, this would have me exclude this person from my candidates. If someone disclosed to me that they had a misdemeanor, but otherwise seemed to be of sound mind, character and ability to do the job, I would over look that offense as long as it was not theft. We did alot of cash sales, and there were too many opportunities to go wrong here. If someone did not disclose that information, and then I found out through background check, I would terminate them within the 90 days probationary period. It really depends on the age and the nature of the offense. It also depends on how the candidate conducts the interview. If they disclosed an offense, I would bring it to my boss, and say, "This candidate is basically my choice for the position, but they were convicted of wreckless driving 5 yrs. ago when 20 yr. old etc. This position holds no company driving responsibilities, Is it ok to hire him/her boss?" So, Joe, go with your gut on this. If your expunged offense for sure will not show on a background check, you can basically say that you have no criminal offenses. I am getting ready to interview next week for a position that could double my salary, but be more work for me. I look at job interviewing as I do fishing. It is not whether I catch a fish, it is just being there. I have had more than a few interviewers ask me why I was not nervous at all. I explained the interview process is to see if there is a good fit for a position, and an exchange between two parties of information, so there is really no reason to be nervous about it. It always leaves a good impression. Do not be over confident or cocky. I would just envision this person as my problem employee in the next 6 months if I were to hire them. I remember one woman who I interviewed that was telling me I was crazy for driving to work the route I took, she did not get the job. It is not that I was insulted by her comment, it is that I had an insight to her attitude. This woman would most likely be willing to complain about having to work late, or be flabbergasted if asked to work on a project etc. I hope you get what I am saying here. Good luck to you.
I used to hire and fire for administrative and sales position for a wholesale nursery that grew trees for resale. We did about 8 Million in sales annually. I would check Facebook and Myspace and see if the candidate was stupid enough to show pot growing, or irresponsible behavior, this would have me exclude this person from my candidates. If someone disclosed to me that they had a misdemeanor, but otherwise seemed to be of sound mind, character and ability to do the job, I would over look that offense as long as it was not theft. We did alot of cash sales, and there were too many opportunities to go wrong here. If someone did not disclose that information, and then I found out through background check, I would terminate them within the 90 days probationary period. It really depends on the age and the nature of the offense. It also depends on how the candidate conducts the interview. If they disclosed an offense, I would bring it to my boss, and say, "This candidate is basically my choice for the position, but they were convicted of wreckless driving 5 yrs. ago when 20 yr. old etc. This position holds no company driving responsibilities, Is it ok to hire him/her boss?" So, Joe, go with your gut on this. If your expunged offense for sure will not show on a background check, you can basically say that you have no criminal offenses. I am getting ready to interview next week for a position that could double my salary, but be more work for me. I look at job interviewing as I do fishing. It is not whether I catch a fish, it is just being there. I have had more than a few interviewers ask me why I was not nervous at all. I explained the interview process is to see if there is a good fit for a position, and an exchange between two parties of information, so there is really no reason to be nervous about it. It always leaves a good impression. Do not be over confident or cocky. I would just envision this person as my problem employee in the next 6 months if I were to hire them. I remember one woman who I interviewed that was telling me I was crazy for driving to work the route I took, she did not get the job. It is not that I was insulted by her comment, it is that I had an insight to her attitude. This woman would most likely be willing to complain about having to work late, or be flabbergasted if asked to work on a project etc. I hope you get what I am saying here. Good luck to you.
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I didn't read CJ65's whole response but it sounds like he's giving good advice. Just be honest about your mistake, and explain that it's since been expunged. Then you get to have the first say instead of the prospective employer finding it and appearing like you have anything to hide.
Ok I have a lot of experience with this topic as i have also gotten criminal reccords expunged. I am in the process of joining the marines now but got turned down by every other branch. The problem with expungment and PTI is not every state offers it. So, if you are trying to get a federal job or a job that is offered to people from all states expungment isn't viable. *Even if your charges are expunged at the state level they are still traceable at the federal level (FBI)* That being said if your job is only available within your state then your records are traceable and do not have to mention them. Basically find out if they are going to do a background check with the FBI (which isn't cheap or used often) and if they are, id come clean, if they aren't you have nothing to worry about.
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im guessing they ask on the applications to include expunged records because a failure to do so would amount to lying on the app.
ive run people who indicated they have had their juvenile criminal records sealed, only to find a juvenile arrest history. if it was sealed, i shouldn't have been able to easily find it, right?
i dont know how reliable that type of service is. an arrest/conviction can be included in many databases, and someone would have to manually remove it from each.
legally, you may not be required to disclose information pertaining to a sealed/expunged record. but employers can ask, and they can reject your app or terminate you if they find information that was not disclosed. and government agencies have better resources for completing background checks.
tough call. imo, its better to be honest, especially if prompted about sealed/expunged records.
ive run people who indicated they have had their juvenile criminal records sealed, only to find a juvenile arrest history. if it was sealed, i shouldn't have been able to easily find it, right?
i dont know how reliable that type of service is. an arrest/conviction can be included in many databases, and someone would have to manually remove it from each.
legally, you may not be required to disclose information pertaining to a sealed/expunged record. but employers can ask, and they can reject your app or terminate you if they find information that was not disclosed. and government agencies have better resources for completing background checks.
tough call. imo, its better to be honest, especially if prompted about sealed/expunged records.
My understanding is that with the Army at least, that you get a waiver to get in, if approved by a high ranking officer. For a single misdemeanor you don't need a waiver, for 2-4 you do, more than 4, can't get in. With felonies, I think you can get a waiver for a single felony.
As far as expunged records, they are still accessible to law enforcement and to those ordering an FBI check, which would include the military.
The way I see it, if a judge decided that I am not a threat and that I deserved to have a second chance, then employers who disagree are probably not ones I would want to work for anyway. Otherwise, it's like being punished for the same offense over and over and over again.
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