Results 1 to 5 of 5
  1. #1
    Join Date
    Oct 2012
    Posts
    5

    Default Employee Background Check After Hire

    My question involves criminal law for the state of: GA

    I have two arrests on my record but no convictions. One for a DUI 5 years ago and recently a public intox. The intox charge was dropped. And for the DUI, the charge was dropped to a serious traffic violation.

    I just got a job and will start but they will do a post employment background check. What will the records show? Can they use that to fire me? It is an IT position, that shouldn't be related to my job. Is there a difference between arrests with no convictions?

    I also did an online background check, it didn't show an arrest but I think it was a murky service.

    Should I be concerned? Will I lose my job? Also, I haven't seen employee application, I fill it out on the first day. How should I fill it out? I wasn't convicted of a crime but the traffic charge (that is what my lawyer said anyway). I guess there isn't really anything I can do except have a good first day. I guess I could try to expunge the records but I think that is too costly and have lost contact with the lawyer. I was hoping because they were two drinking charges without convictions and not more serious assault charges, I should be able to find employment? This is the first application I have done in 10 years.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Employee Background Check After Hire

    Quote Quoting galtor2
    View Post
    I just got a job and will start but they will do a post employment background check. What will the records show?
    They will show whatever information the background check company produces. If the check includes your criminal history, one would expect that would mean that it would show a DUI reduced to, let's say reckless driving, and the dismissed public intox.
    Quote Quoting galtor2
    Can they use that to fire me?
    Did you lie about these matters when you were applying for the job? Do your job duties involve driving? Note also, that record strongly suggests that you have a problem with alcohol.

    Protections under Georgia law appear primarily related to first offender dispositions and sealed records; you've given us no indication whether either would factor into your case. If you're an ethnic minority, the EEOC guidelines would give an employer pause about terminating your employment based upon non-conviction information.
    Quote Quoting galtor2
    Also, I haven't seen employee application, I fill it out on the first day. How should I fill it out?
    Truthfully.

  3. #3
    Join Date
    Oct 2012
    Posts
    5

    Default Re: Employee Background Check After Hire

    OK I just filled out the application. They did ask for misdemeanor, felony, have you been convicted. I haven't been convicted under either. They also asked about:

    They asked about a pre-trial diversion program and that is what I took so I said yes. I can't remember the exact words but something along the lines of:
    Have you been in "Adjournment in Contemplation of Dismissal" (aka "ACOD," "pre-trial diversion," "pre-trial probation," or "Probation before Judgment")?


    Do I have to answer yes even though those charges were dropped. I didn't enter any plea. The charges were dropped for the public intox.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Employee Background Check After Hire

    You would want to answer truthfully.

  5. #5
    Join Date
    Oct 2012
    Posts
    5

    Default Re: Employee Background Check After Hire

    From that question, I should have answered "YES" I did go through a pre-trial diversion. And I did go ahead and answer "yes".

    In the future, I would NOT like to answer NO to that question. My lawyer says I can answer "no" because the charges are dropped. I wonder I could even solidify my "no" if I have the arrest expunged. In Georgia, the pre-trial diversion program and charges dropped will not turn into the arrest automatically being expunged.

    1. Sponsored Links
       

Similar Threads

  1. Getting Fired: Fired a Year After Hire Date Because of Random Background Check
    By acolony22 in forum Employment and Labor
    Replies: 3
    Last Post: 07-17-2012, 07:54 AM
  2. Background Checks: Temp Employee Offered Permanent Postion but Background Check Creates Serious Issue
    By boricua3131 in forum Employment and Labor
    Replies: 4
    Last Post: 05-03-2012, 11:50 PM
  3. Background Checks: While Companies Check Your Criminal Background, Do They Ever Care to Check Education
    By jarno in forum Employment and Labor
    Replies: 5
    Last Post: 10-15-2009, 06:59 PM
  4. Background Checks: Background Checks Involving Possible Job Hire
    By Michaelanthony in forum Employment and Labor
    Replies: 2
    Last Post: 03-07-2009, 09:50 PM
  5. Background Checks: City Employee Terminated Because Of Bogus Background Check - What Claims ?
    By Joedoggs in forum Employment and Labor
    Replies: 1
    Last Post: 12-07-2006, 04:30 PM
 
 
Sponsored Links

Legal Help, Information and Resources