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  1. #1
    Join Date
    Nov 2012
    Posts
    1

    Default Should You Disclose Your Criminal Record to H.R. Before a Background Check

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

    I have been looking for a corporate job for almost a year and I finally received great interest from one company. I was offered the position but I need to complete some paperwork and conduct a drug test tomorrow. In addtion, I was informed that they will do a background check. However, I am extremely worried. Several months ago I was pulled over and was wrongly arrested for dui. In addition, a friend of mine (who is no longer my friend) apparently had drugs in her purse. When the officer asked to check my car, I consented and they found the drugs in her purse. I was charged with drug possession because it was in my car even though I had no clue. Fast forward to today and the case still has not been resolved. There is no factual evidence in the dui charge and it appears it will be dropped. In addition, my friend admitted that the drug was hers and she accepted a plea bargain under condition that the charges against me are dismissed. My next court date is within 2 weeks and I'm confident the drug charges will be dropped and the dui charge will be dimissed or reduced.

    However, I'm concerned with the background check that the company will be performing. The application never asked about arrests and only asked about convictions. However, I'm afraid the arrest will appear in the background check and I was get denied employment. I am meeting with the HR Manager tomorrow. Would it be wise to disclose the arrest and the potential outcome of the case before they run the background check? Or should I not mention it at all and wait? I'm not sure what rights I have. I know the application only mentions convictions and I have not been convicted in this case.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Should Arrest Be Disclosed to Hr Before Background Check is Conducted

    You are not required to volunteer any information that is not requested. I would wait. If you are asked, tell the truth, but I do not advise, in this case, volunteering.

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