Results 1 to 7 of 7

Hybrid View

  1. #1
    Join Date
    Dec 2008
    Posts
    3

    Default Will a D.V. Violation Show On A Background Check

    My question involves a background check in the State of: NY



    We're in a part of the state that is very expensive - we have 2 young babies and the best we can afford right now is a 2 bedroom basement apartment for $1400 a month.

    About a year and a half ago my husband and I had a huge fight, the upstairs neighbours called the police and because he was drunk and I was upset and we had scuffled, he was arrested.

    He ended up pleading guilty to a violation of menacing conduct or something like that. I'm not even sure what the actual wording was. It was definitely a violation though. And an order of protection was put in place for 2 years, even though I requested them not to. There has been no other trouble before or after that in 7 years of marriage, it was a one-off. And he works for the State and has had his (social work) license renewed since then and I think they do checks.

    Anyway, we have a wonderful opportunity, a lady in a retirement home wants to rent her house to us for $1000 a month. We had to submit to an employment-type background check for this - is this all going to show up? It's still at the daughter's discretion, I suppose, if they still want to rent to us, but we didn't admit to it up front because it asked if there had been any criminal convictions and there haven't, and it didn't ask anything under which an order of protection would fall.

    I'm worried sick about this - we'll know on Monday probably. It's finally a chance to get out of crappy basements and into a house.

  2. #2

    Default Re: Will This Show On A Background Check

    Without knowing which information provider the landlord is using, and what level of thoroughness they're paying for, no one can predict if either the arrest or the restraining order will appear. The arrest is more probable, but both are possible. Some only check arrest records, others probe deeper.

    Just to be clear, this incident happened a year and a half ago? And the restraining order was issued for two years? Would this mean that the order is still in effect for another 6 months or so?

    If he pled guilty, that's a conviction.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Will This Show On A Background Check

    Agree, it's possible the history will show up. It's according to the type & how thorough of a background check is done. They are all not equal.

    He really should have been up front about his history.

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Will a D.V. Violation Show On A Background Check

    Let's circle back a bit.

    A 24 month PO was put in place.... and, here we are, 18 months later and he is living with you and house shopping?

    You realize, of course, that he goes to jail for just BEING with you, right?

    Why do people believe that court orders are just these silly things to be ignored when they get inconvenient?

    A court order has the force of law. He is in violation and can and should be jailed for violating it.

  5. #5
    Join Date
    Dec 2008
    Posts
    3

    Default Re: Will a D.V. Violation Show On A Background Check

    I'm sorry - I should have been clearer.

    1. The application form asked for felony or misdemeanor convictions, neither of which he has as this is a violation. I think it ended up being "disturbing the peace" in actual fact.

    2. He took the violation instead of fighting it because we didn't have the money at that point to go down the legal route. For their part, the judge made it a "sealed" violation.

    3. The order of protection is a "do not harass" order, not a "stay-away" order. He is absolutely allowed to be living with us. The order was put in place automatically and stays in place automatically the ADA said - even if all the charges were dropped or thrown out, it would have stayed in place for 2 years. Between the arrest date and the court date it *was* a stay away order (and he did stay away), and then it was converted to "do not harass" in court at the same time as the violation was handed out.

    I really apologise for not being clearer on this.

  6. #6

    Default Re: Will a D.V. Violation Show On A Background Check

    Ok - so it went from a "no contact" type order to a "protection from further abuse order"....that makes things much clearer =)

    If he was able to plead it down and it was sealed, there are fewer places that the disposed case will appear (places only checking for arrests won't usually find that) - however, the record of the arrest still stays public record and could still in theory be found (through sources such as your local newspaper, the jail, or the arresting agency). Unless he's applying for jobs in government, law enforcement, or that specifically look for arrest (vs conviction, which most "regular" employers are interested in), he probably has a little better than 60/40 chance that no one would come across it in a basic level background check.

    1. Sponsored Links
       

Similar Threads

  1. Background Checks: Multiple Ordinance Violation Disturbing the Peace Show Up on Background Check
    By Meridith78 in forum Employment and Labor
    Replies: 1
    Last Post: 03-29-2011, 01:50 PM
  2. Background Checks: When Will a Pi Show Up on Background Check
    By AntiX in forum Employment and Labor
    Replies: 1
    Last Post: 04-27-2009, 06:54 PM
  3. Background Checks: What Will A Background Check Show?
    By troubledsoul in forum Employment and Labor
    Replies: 15
    Last Post: 04-10-2008, 04:28 PM
  4. Retail Fraud / Shoplifting: Would This Show On A Background Check?
    By anxietyattack in forum Criminal Charges
    Replies: 7
    Last Post: 08-11-2007, 04:47 PM
  5. Background Checks: Will it show on my background check?
    By tcg1215 in forum Employment and Labor
    Replies: 5
    Last Post: 09-22-2006, 10:15 AM
 
 
Sponsored Links

Legal Help, Information and Resources