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  1. #1
    Join Date
    Apr 2018
    Posts
    1

    Default Background Checks When Criminal Charges are Still Pending

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

    My husband and I have lived in Oregon for almost 18 years and prior to that we lived in Kentucky.

    In May of last year he was in South Carolina and was arrested for indecent exposure. The charge has been lowered and at the end of this month, he will plead guilty to disorderly conduct. Both misdemeanors though our attorney has explained that the disorderly conduct is the very lowest in that state.

    My question is... He is applying for a different position within the company for which he has worked for the last 3 years and we are wondering 1)How to answer the background info questions, as he's not actually been convincted of anything yet; 2)How likely would this arrest or conviction be to show up? Do they show up related to his SSN or by state? And 3)Can the employer use either as a basis for not hiring or even firing him, as neither is related to the job at all? He works for a 3D printing company in engineering.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Background Checks

    1)How to answer the background info questions, as he's not actually been convincted of anything yet;
    Answer the questions truthfully, exactly as asked.

    2)How likely would this arrest or conviction be to show up? Do they show up related to his SSN or by state?
    Assume very likely. In Oregon a criminal background check can show arrests (without convictions) if they occur within the past year.

    3)Can the employer use either as a basis for not hiring or even firing him,
    Sure.

    Will the employer fire him over it. That's up to the employer.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Background Checks

    Not all background checks are created equal. What will show up will depend on the employer and the job. There's no way to estimate the odds on how likely any given item is to show up since all employers make their own rules about what they want to look for.

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