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Passing a Fire Department Background Investigation

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  • 12-29-2014, 05:27 PM
    results1991
    Passing a Fire Department Background Investigation
    My question involves labor and employment law for the state of: California

    Hello everyone,

    I am going through a background investigation for a California Fire Department and I was wondering if I am legally responsible for disclosing information regarding an arrest that led to no conviction. From my research I have concluded under CA labor laws, CA employers are not aloud to ask about arrests that led to a dismissal. Does this labor law apply to public safety positions? Take care and I look forward to receiving some help as this process is very important to me.

    Thanks
  • 12-29-2014, 06:24 PM
    cdwjava
    Re: California Public Safety (Fire Department) Background Investigation
    While the fire department cannot ask generally about arrests (as this tends to be reserved for law enforcement positions), they can certainly ask about employment history and contact those employers. If they contact that employer and the employer tells them what happened, you might be in a position where you appear to be concealing something. If it even APPEARS that you were trying to hide something from them, you can kiss that opportunity goodbye.
  • 12-29-2014, 07:05 PM
    results1991
    Re: California Public Safety (Fire Department) Background Investigation
    Thank you for the response, all of my previous employers were unaware of the arrest. If I choose to disclose the arrest can I fail a background investigation based on an arrest the didn't lead to a conviction?
  • 12-29-2014, 07:34 PM
    cdwjava
    Re: California Public Safety (Fire Department) Background Investigation
    They can choose not to hire you for a host of reasons. It likely depends on what the arrest was for and if they can get any more information on it.

    A fire background is not nearly as intensive as a peace officer background, so there is a chance that it won't pop up. But, depending on the depth of the FD's background, they might find an employer or past co-worker that will tell them about the arrest. Whether they will hold it against you or not will likely depend in large part on the nature of the allegations and how long ago they were.
  • 12-29-2014, 11:51 PM
    Disagreeable
    Re: Passing a Fire Department Background Investigation
    It basically depends on whether they do an open or closed background check.
  • 12-30-2014, 12:09 AM
    cdwjava
    Re: Passing a Fire Department Background Investigation
    Quote:

    Quoting Disagreeable
    View Post
    It basically depends on whether they do an open or closed background check.

    I'm not familiar with that term ... what's an "open" or a "closed" background check?
  • 12-30-2014, 12:54 AM
    Disagreeable
    Re: Passing a Fire Department Background Investigation
    An open background check is most common and involves only records open to the public and is done by a commercial agency. A closed background check, usually done by Homeland Security accesses all records in their database including arrests and other issues involving contact with the law including expunged records. It is usually reserved for those in specialized occupations and immigrant applicants.
  • 12-30-2014, 01:10 AM
    cdwjava
    Re: Passing a Fire Department Background Investigation
    Huh ... I've heard of that as a "public records" check, but never as an "open" background. But, I suppose terms can vary.

    I do peace officer backgrounds and this can entail the same level of scrutiny that you would refer to as a "closed" background. The fire department would fall into what you might term an "open" background, though it would also require a criminal offender record and child abuse search through state and FBI databases.
  • 12-30-2014, 02:20 AM
    L-1
    Re: Passing a Fire Department Background Investigation
    Let me add a couple of things.

    Most large civil service agencies have their own in house personnel who are pretty skilled at doing backgrounds. Smaller agencies often contract with retired police background investigators who are fairly thorough at what they do. It is rare that a government agency relies on a $29 internet background check to vet someone for a position of this importance.

    Section 432.7 (a) of the Labor Code prohibits an employer from asking an applicant to disclose an arrest or detention that did not result in conviction. It also prohibits an employer from denying someone employment based solely on a record of arrest or detention that did not result in conviction. But the law only speaks to arrests and arrest records and not to the applicant’s conduct.

    Friends, relatives, references and coworkers will invariably mention an arrest to the background investigator. Employers then legally bypass the prohibitions of Labor Code 432.7 (a) by obtaining information about the incident in question through their own, independent investigation into the matter. Any decision to hire or deny employment is then made based on the applicant’s conduct as determined by the independent background investigation and not through the applicant’s disclosure of an arrest, or review of arrest records.

    Whether the applicant’s conduct meets the criteria for disqualification will vary from agency to agency. If it’s just a matter of the applicant being in the wrong place, at the wrong time and looking like someone else who was wanted and being mistakenly arrested, then it’s unlikely this will pose a problem. OTOH, if the applicant actually committed a crime but for whatever reason wasn’t convicted, he may have an uphill battle.

    Many years ago I did a background on a rapist who was seeking a law enforcement position. Blood and semen on the suspect’s clothing established him as the perpetrator, however, without going into a lot of detail, the arresting agency bungled its handling and all of the physical evidence was thrown out. This reduced things to a he said/she said case and the jury acquitted him. While not guilty as a matter of law, he was still a rapist as a matter of fact and he failed the background for the position he was seeking.

    Most government agencies require applicants to be of good moral character. Most also require that applicants possess general qualifications such as integrity, honesty, sobriety, dependability, industry, thoroughness, accuracy, good judgment, initiative, resourcefulness, courtesy, ability to work cooperatively with others, willingness and ability to assume the responsibilities and to conform to the conditions of work characteristic of the employment, and a state of health, consistent with the ability to perform the assigned duties of the class.

    If an independent investigation of the circumstances surrounding the event that led to your arrest determines you lack any of the general qualifications established by the agency you are applying with, you may be facing a problem.
  • 12-30-2014, 07:41 AM
    Disagreeable
    Re: Passing a Fire Department Background Investigation
    Letting a security clearance expire, once you have obtained it is foolish also as the gov't cracks down harder and harder.
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