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  1. #1

    Default Does Being on Probation Make it Harder to Get a Job

    My question involves criminal law for the state of: MA
    I am 22 and graduate college in June of this year, I have a DUI and driving to endanger case pending with a CWOF in MA. My probation is up at the end of August. I am trying to figure out if it will be harder to get a job when that is pending vs. when my probation is over and it is officially settled. Should I wait to start applying until my probation is over?

    Also I am trying to figure out exactly what will show up when they do a background check, will it still show up where is was CWOFed, even when I am off probation. How much will these charges hurt my chances of getting a job, I am a business major, so I want to get into management of some sort.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,069

    Default Re: Cori and Probation and Jobs

    There are as many answers to that as there are employers. Contrary to popular belief, there is no such thing as a standard "background check" that always shows exactly the same information to everyone. What information will show up will depend entirely on how deep and how thorough a check is done, and how much affect they will have on your ability to get a job will depend on each employer.

  3. #3

    Default Re: Cori and Probation and Jobs

    True but will if you did the same exact background check now (while I am on probation) and in September when I am off probation would something different show up?

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,698

    Default Re: Cori and Probation and Jobs

    Then run TWO backgrounds on yourself - one now, one later.

    No one can predict what might show up, but you can pay for a background on yourself to see what WILL show up.

    You can also request your own state record: http://www.mass.gov/eopss/agencies/dcjis/
    A Nor Cal Cop Sergeant

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    Seek justice,
    Love mercy,
    Walk humbly with your God

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  5. #5

    Default Re: Cori and Probation and Jobs

    First, you should seriously consider following the sound advice offered above.

    Second, I do not perceive a downside to commencing your employment search in earnest now. A potential job which opens up now will likely not be available after you complete probation. Moreover, as discussed below, if your prospective employer only asks about convictions in their background checks, your disposition may not show up.

    Third, based on your post, OP, it sounds as if you received a “probation before judgment” or “PBJ”. In essence, a PBJ or a “stet” disposition places the underlying criminal matter in abeyance for a year. If during that one year period the defendant does not commit another offense, then the underlying charge is dismissed. (If, however, the defendant commits another offense during this probation period, the prosecutor can charge them with this second offense and seek a conviction for the first offense.)

    The principal advantage with a PBJ is the defendant avoids having a conviction appear on his or her record. In conducting employment background inquiries, many companies only focus on convictions. The absence of a conviction can only enhance an individual’s prospects of gaining prospective employment.

    After you complete your probation, the court records will still reflect you obtained a PBJ disposition. You should speak with your attorney about the prospects of having your PBJ record expunged.

    For more general information on PBJs and expungement of criminal records and related issues, you may want to review the following article, "Is Your Criminal History Thwarting Your Job Search? How to Improve Your Employment Prospects," http://ezinearticles.com/?Is-Your-Cr...cts&id=6691498

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,069

    Default Re: Cori and Probation and Jobs

    Keep in mind that MA law does not allow questions about criminal history on the inital application and very shortly will have to provide the applicant with a copy of the criminal history they have in their possession before they can ask you about it.

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