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  1. #1

    Default Is A Current Employer Notified Of A Conviction

    Thanks to all who have posted such good advice on this forum. I have been perusing all morning.

    I have recently been charged by a store with a Misdemeanor - Retail Fraud - 3rd degree (shoplifting less than $200), in Michigan.

    Police were called and I have a court date scheduled in two weeks.

    I am starting a new job on Monday. I have already completed and passed the background check (this is the first time I have shoplifted, or done anything illegal, for that matter).

    I plan on contacting an attorney to represent me on Monday. If I am found guilty and charged with the misdemeanor - or, even if I am able to participate in the diversion program (which is available in the county where I was charged) - will my employer be notified? I realize that a guilty charge will become a matter of public knowledge; but ...

    I wonder what the likelihood is of the store, or the court, contacting my new employer directly - to inform them that I am a criminal.

    I am very concerned about this and apologize in advance for asking such a basic question; but I have never been involved in the court system in any way.

  2. #2
    Join Date
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    Default Re: Is A Current Employer Notified Of A Conviction

    It's possible that the employer may learn of legal problems, for example if the probation department calls to verify your employment. Talk to your lawyer about steps you can take (which may be as simple as explaining to your probation officer that contact might threaten your employment) to prevent that from occurring.

  3. #3
    Join Date
    Dec 2007
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    Ohio
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    Default Re: Is A Current Employer Notified Of A Conviction

    If you qualify for a diversion, it may not be a guilty plea and should not be on your record. That's the purpose of it. The arrest my stay on your record but it shouldn't be a conviction but is a possibility. Talk with your attorney regarding this but if things go the way that you predict, I doubt that the new employer will find out.

  4. #4
    Join Date
    Apr 2007
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    Il.(near StL,Mo.)
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    Default Re: Is A Current Employer Notified Of A Conviction

    If they have already completed the background check, they may not find out about the charge but it's still a possibility. There are other ways to find out about it.

    As the others suggested, talk to your lawyer. If the employer would find out about it, it could hurt your chances for employment particularly in certain occupations.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

  5. #5

    Default Re: Is A Current Employer Notified Of A Conviction

    the waiver you signed allows them to run your background for up to 1 yr. After the one year, another signed waiver must be filled out in order for the HR dept. to re-run your background check. You never falsified your application so you should be fine. Depending on what the final conviction/dispostion is, you may have to fess up if the company ever wants to run you again down the road. In most cases, you are only screened in the begining of your job. Company's run more driving records on a yearly basis then criminal records. Odd but true !

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