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  1. #1
    Join Date
    Feb 2012
    Posts
    4

    Default What Should I Check in the Criminal Record Section of the Job Application

    My question involves labor and employment law for the state of: Oregon

    I'm 29 and I was arrested when I was 18 for interference with reporting of domestic violence because I hung up the phone on my dad when he called the police on my mom and sister when they were all fighting and it got out of control. Nobody else was arrested.

    I was in jail for 23 days awaiting my pre trial. The public defender told me that I would have to wait 2 months for a trial and that I should plead guilty to get out of jail and it was all set up with prosecution that I would just have to do 1 year of probation and that if I got into trouble in the next two years then I would have to serve 1 year in jail for the DV charge in addition to whatever other charges there was at that time in the future. My probation officer said that this meant the judge didn't accept my guilty plea but that it was conditional on depending on my future behavior.

    I did not get into trouble and have not been arrested since. I had clearance to serve in the military years ago and supposedly they don't allow anybody to serve even if DV was suspended sentence.

    I pulled a background check on myself and it says.......
    2000 DV 4th Iterference w/reporting -- Dismissed (oth def)
    2002 DV 4th -- Dismissed

    The application asks........
    Have you EVER plead guilty or no contest to any misdemeanor or felony even if it was suspended or deferred?

    But then the answer selection says..........
    Yes, I have convictions
    No, I have no convictions.

    So I'm confused about the answer selection because if it was dismissed then is it still a conviction?

    The answer selection doesn't seem to match the question. Or is this wishful thinking in hopes to avoid having to answer yes?

  2. #2
    Join Date
    Feb 2011
    Location
    Arizona
    Posts
    387

    Default Re: What Should I Check in the Criminal Record Section of the Job Application

    If the two answers are all that the application provides for, the correct answer would be yes. You would want to attach a statement and perhaps documentation that the charges were later dismissed. What they are looking for is that the information you provide matches the information that they receive from the background investigation. Better to answer yes and provide an explaination than no and have that raise questions. I deal with criminal records checks on applictions as part of my job. There's nothing more I dislike than getting surprised when I review that stuff.

    As for the military, before they needed more bodies for the wars that was right. Had an applicant who reported that his misdemeanor theft from the university bookstore ($30 book bag) got him classified as "unfit for service" when he applied to the Navy. Considering that he stated that joining the Navy had been his lifelong dream, that was pretty harsh punishment.

  3. #3

    Default Re: What Should I Check in the Criminal Record Section of the Job Application

    If you can, you may want to visit the courthouse in which you were prosecuted in order to review the file. Alternatively, you may want to speak with someone in the Public Defender’s Office to see if he or she would check the file. It would be in your best interests to confirm without qualification your understanding of the underlying eleven year old events here.

    Based on your post, it appears that your matter may have been ultimately adjudicated pursuant to a “probation before judgment” disposition. If this is indeed the case, then you do not have a conviction on your record; and you can truthfully answer “no” on an employment application inquiring about convictions.

    In addition, for the future, you may want to explore having your criminal record expunged. If a worker or an applicant has the type of criminal record which can be successfully expunged, then the state will remove reference of this criminal activity from court, police and motor vehicle records and files. Moreover, the effect of an expungement order allows the affected individual to “truthfully” deny the existence of the underlying charges or convictions when seeking prospective employment. You may want to discuss whether you can obtain an expungement order if and when you confer with representatives from the Public Defender’s Office.

    For more general information on the sealing 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

  4. #4

    Default Re: What Should I Check in the Criminal Record Section of the Job Application

    Here's a link to the expungement laws pertaining directly to the State of Oregon.

  5. #5
    Join Date
    Feb 2011
    Location
    Arizona
    Posts
    387

    Default Re: What Should I Check in the Criminal Record Section of the Job Application

    It should also be noted that an order to expunge will not necessecarily remove the arrest and conviction from the FBI or NCIC database.

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