My question involves labor and employment law for the state of: Alaska and Federal
I am not quite sure where to post this, but since it revolves around employment giving here a shot.
I was convicted in 2004 of Federal Mail and Wire Fraud. Sentenced to a first time offenders "boot-camp", and 3 years probation. Not sure if it matters, but have not had one problem since.
7 months ago I was hired at large hospital. I fully disclosed my crimes so my employment was contingent on a background check. 2 weeks ago I was found "ineligible" by the state and am currently on administrative leave without pay tell/if we can get this resolved.
I am sure most are unfamiller but Alaska has "Barrier" crimes when working in the healthcare field. Times are based on types of crime, could be 1, 3, 5, or 10 years. And of course "Permanent". There is a "Variance" process where you write what amounts to your life story and they my give you a "pass". For those curious here is a link to the reg's.
http://dhss.alaska.gov/dhcs/Document...egulations.pdf
I received a letter from the state stating that since I had multiple counts and in Alaska it would be classified as Class B felony "Scheme to Defraud" I am found permanently ineligible. Also that I still owe restitution I am ineligible.
I knew it would be classified as "Scheme to Defraud" which has a 10 year barrier from conviction date (I am at 11 so good there). And based on prior cases "Scheme to Defraud" nearly always includes multiple different charges that are part of a "Scheme". I contacted the state and a week later received another letter stating they corrected that and I no longer have a "Permanent Barrier".
BUT since I still owe Restitution I am still ineligible. Due to this phrasing in the regulations:
(If anyone is interested it is page 13 of the document).
"If the individual is subject to a judgment of a court related to sentencing, probation, or parole, the individual is barred as described in (a)(1) of this section for the barrier time listed in this section or until the individual has fully complied with the conditions of the sentencing, probation, or parole, whichever period is longer."
In the letter they actually added the word restitution. But their argument is the "Fully Complied" part. While I agree fines should and generally are a condition. I argue that restitution is not, or it should be listed specifically. Common sense part of me want's to think whom ever wrote that, would not intended for restitution to be included unless it was a condition of being released from prison or probation. I mean one needs to work to be able to pay. And unfortunately my restitution is large enough (small in the eyes of the federal system I am sure) that I am still years from paying it off.
Also the only time the regulations mention restitution is under the variance section, where it asks "Does the person owe restitution or are payments current?" I asked the technician - "So all I need to do is fill out that section that I am current on payments and I get a variance as the crime it's self is outside the barrier time?" That caught her completely off guard and I didn't get a straight answer.
Unfortunately I am not current on payments due to being out of work for about 6 months prior. I do have a phone call into the group that handles this but they are very understaffed and every day that passes is more time away from my job and no money. I am looking into various ways to pay off the past due so I am not completely dead there.
Also all of my criminal court paper work states the case is either closed, or terminated. Letter from probation officer states "recommendation for all prior proceedings be terminated" which the judge signed. That is when I was let off probation in 2008.
In addition in the Federal system once the criminal sentence has been completed the Federal Litigation Unit (FLU) takes over and it becomes a civil matter. The state did say they MIGHT consider then but I need to furnish some official stating as such. So again waiting on contact back from the FLU.
I am not looking to go after my employer at all, they are doing what they can and I still "technically" employed. Being without pay is scary, but one thing at a time.
I appreciate anyone reading through all of this, and I understand if this is too complicated for an online forum. I am just looking for other opinions from professionals, and/or if I should contact a lawyer and if so in what practice? As I am not sure if this even falls under "Employment"
Thanks so much!

