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  1. #1

    Default Explanation of Eungements

    Hello from Wisconsin:
    I just found out that I will not get a federal job that I was suppose to start on Monday because my criminal record (Oct 98) indicates that I was arrested for obstructing an officer. I was however I was not convicted I paid a fine. I do recall the judge telling me that the charge would be dismiss if I paid the fine, apparently not the case. I don't know how they got this information. Since '98, I have worked at a bank as a Teacher....all these employers did a background search and that charge did not show up. Can anyone help me regarding this matter? I was so hoping that I would finally get a decent job with decent insurance Now this! I am really upset. It is so difficult to expunge a record in Wisconsin.
    Thanks. :?:

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Wisconsin Criminal Record

    You should try to get a copy of your criminal record, to see what it states, and if you believe it is incorrect you should get a copy of the court file from your case to see if you can establish (and then correct) the error.

  3. #3

    Default OK Then what?

    I plan on getting the report on Monday. I do not deny that I gave an officer the wrong name atthe time of the stop this is in the police report. BUT the judge told me that it would not be on my record. Should I try ot talk to the judge? Any information on WISC law? Please help. I am applying to professional school, I am sure I will have to disclose this crap. I feel absolutely stupid.
    Any comments? Thanks for your attention Aaron.

  4. #4

    Default Employment Issue /Criminal Record/ Disparate Discrimination

    Hi:
    Cannot sleep. Upset that I did not get this job today. I am so tired of living from paycheck to paycheck. More questions on this issue: Can an employer in WIsconsin [not] hire a person b/c of an arrest not a conviction? I understand that law recently changed on this issue.... now it is ok to not hire someone due to an arrest. This must be unconstituional, perhaps due process, I am not thinking I have a property right in a at will job. I digress... My question, specefically, how does one approach this question if the crime was committted before the law allowed employers to use an arrest as an automatic disqualification for hiring a person. (It has finally dawn on me a possible reason I did not get a job that I was very qualified for recently (working in the DA's office) After four darn interviews! What a blow. I plan on working in the legal field. How the heck does one make a clean start if the system throws up all these obstacles?

    Also this might be a stretch, it seems to me that if an employer does not hire based solely on arrest and since minorities are disproportionaly impacted by their (employers) decision not to hire. Is this an EEOC issue?I know I might be reaching. Please noone insult me in your responses, as I am not an expert on these issues. My situation is very frustraitng.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Arrest & Employment

    For most jobs, an arrest of itself (arrest with no conviction) won't disqualify an applicant. Lying about the arrest during the application process, though, would constitute a valid basis to decline employment.

    Wisconsin's Fair Employment Act provides:
    Quote Quoting Wisconsin Statutes Section 111.321 - Prohibited bases of discrimination.
    Subject to ss. 111.33 to 111.36, no employer, labor organization, employment agency, licensing agency or other person may engage in any act of employment discrimination as specified in s. 111.322 against any individual on the basis of age, race, creed, color, disability, marital status, sex, national origin, ancestry, arrest record, conviction record, membership in the national guard, state defense force or any reserve component of the military forces of the United States or this state or use or nonuse of lawful products off the employer's premises during nonworking hours.
    Exceptions pertaining to arrest records appear to be:
    Quote Quoting Wisconsin Statutes Section 111.335 - Arrest or conviction record; exceptions and special cases.
    111.335(1)
    (a) Employment discrimination because of arrest record includes, but is not limited to, requesting an applicant, employee, member, licensee or any other individual, on an application form or otherwise, to supply information regarding any arrest record of the individual except a record of a pending charge, except that it is not employment discrimination to request such information when employment depends on the bondability of the individual under a standard fidelity bond or when an equivalent bond is required by state or federal law, administrative regulation or established business practice of the employer and the individual may not be bondable due to an arrest record.

    (b) Notwithstanding s. 111.322, it is not employment discrimination because of arrest record to refuse to employ or license, or to suspend from employment or licensing, any individual who is subject to a pending criminal charge if the circumstances of the charge substantially relate to the circumstances of the particular job or licensed activity.

    (c) Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to refuse to employ or license, or to bar or terminate from employment or licensing, any individual who:

    1. Has been convicted of any felony, misdemeanor or other offense the circumstances of which substantially relate to the circumstances of the particular job or licensed activity; or

    2. Is not bondable under a standard fidelity bond or an equivalent bond where such bondability is required by state or federal law, administrative regulation or established business practice of the employer.

    111.335(1)(cg)
    1. Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to deny or refuse to renew a license or permit under s. 440.26 to a person who has been convicted of a felony and has not been pardoned for that felony.

    2. Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to revoke a license or permit under s. 440.26 (6) (b) if the person holding the license or permit has been convicted of a felony and has not been pardoned for that felony.

    3. Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to refuse to employ a person in a business licensed under s. 440.26 or as an employee specified in s. 440.26 (5) (b) if the person has been convicted of a felony and has not been pardoned for that felony.

    111.335(1)(cm)
    Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to refuse to employ as an installer of burglar alarms a person who has been convicted of a felony and has not been pardoned.

    111.335(1)(cs)
    Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to revoke, suspend or refuse to renew a license or permit under ch. 125 if the person holding or applying for the license or permit has been convicted of one or more of the following:

    1. Manufacturing, distributing or delivering a controlled substance or controlled substance analog under s. 961.41 (1).

    2. Possessing, with intent to manufacture, distribute or deliver, a controlled substance or controlled substance analog under s. 961.41 (1m).

    3. Possessing, with intent to manufacture, distribute or deliver, or manufacturing, distributing or delivering a controlled substance or controlled substance analog under a federal law that is substantially similar to s. 961.41 (1) or (1m).

    4. Possessing, with intent to manufacture, distribute or deliver, or manufacturing, distributing or delivering a controlled substance or controlled substance analog under the law of another state that is substantially similar to s. 961.41 (1) or (1m).

    111.335(1)(cv)
    Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to refuse to employ in a position in the classified service or in a position described in s. 230.08 (2) (k) a person who has been convicted under 50 USC, Appendix, section 462 for refusing to register with the selective service system and who has not been pardoned.

  6. #6

    Default Employment Issue: Discrimination Due to Arrrest?

    Aaron: Thanks for taking the time to answer my response. I did not lie on my application. I got the job through an employment agency. The agency forward my resume to the Federal Office of +++++, My position would be mostly administrative. I do not believe my duties would relate to my prior arrests; I will have contact with Fed Marshalls/Lawyers/Parolees ect. My agency did a background check on me and the arrest did not come up. They, too were surprise that the arrest did not show in their data bank. The Federal Office of _ hiring person called me and asked me a few questions about my background. I revealed all the relevant information...i.e. speeding tickets, no garnishments/bankruptcies/illicit drugs blah blah blah. I did not know that this arrest was on my record. I was told by my agency about the arrest, and the withdrawal of the job opportunity b/c the Fed hiring person said she wanted someone with a "clean record". I will retrieve my record to see if there was a conviction. How can I work in the legal field if this arrest is going to disqualify me? Don't get me wrong, I understand why there are standards...Is the bar really this high? It is really hard to remain faithful to my career aspirations in the face of this setback.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Employment Issue: Discrimination Due to Arrrest?

    Quote Quoting 1jadednewyorker
    How can I work in the legal field if this arrest is going to disqualify me? Don't get me wrong, I understand why there are standards...Is the bar really this high? It is really hard to remain faithful to my career aspirations in the face of this setback.
    There are almost certainly law enforcement jobs which won't disqualify you on the basis of the arrest, particularly without a conviction. I, unfortunately, cannot guide you to any specific job opportunities.

  8. #8

    Default Kind Response adds a human dimension to this site

    Aaron: Thank you for your kind response. I do believe you. I was quite over exercised about my dilema, you know. I cannot imagine not working in my chosen profession. I know that I have to keep pushing on.. I will win if I don't quit.

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