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  1. #1
    Join Date
    Feb 2009
    Location
    Blaine, MN
    Posts
    1

    Default Fired for Having a Petty Misdemeanor Possession of Paraphernalia

    My question involves criminal law for the state of: Minnesota

    I am in need of some advice. I was terminated from my job last week because a background check done by my employer came back with a petty misdemeanor possession of paraphernalia. In June of 1999, I received a ticket from an officer of the Department of Natural Resources. I paid a fine of $50.00 at the county courthouse the very next week. In 2001 while starting a new job I thought I was required to obtain a copy of this record from the courthouse to include with my application. I went to the records department at the courthouse and the female working in the records department laughed at me and said that a petty misdemeanor isn't even a crime so there was no need to include that with my job application. I have never had any problems obtaining employment with this petty misdemeanor on my record, until now. I have worked for this company twice before and no issue at all. I started there again three weeks ago and consented to a background check. Two weeks after my start date I was informed by Human Resources that I did not pass the background check and was to be immediately terminated. I was told by HR that effective 1/1/2009 anyone with anything other than a traffic violation or DWI on their record would be terminated. Is this legal?? A petty misdemeanor is considered a non-crime in the state of Minnesota and not punishable by jail time. I cannot return to work unless I can get this expunged from my record which will take a lot of time and work. Can my employer legally fire me for having a petty misdemeanor from 1999?? I don't know what I should or can do about this. Any advice will be much appreciated. Thank you.

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Fired for Having a Petty Misdemeanor Possession of Paraphernalia

    Q: Is this legal?

    A: Yes.

  3. #3
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Fired for Having a Petty Misdemeanor Possession of Paraphernalia

    IMO a DWI is more serious,then having a pipe that was most likely just used to smoke some weed. It is the employer choice tho to hire or fire based on there policies.
    If the question was have you ever been convicted of anything other then a traffic violation for example,then answering no is a lie. If it ask about a misdemeanor or felony conviction,you should be able to say no.It's important to answer honestly and pay attention to how the question is worded .Basically just answering honestly is all you can do in the future.It's worth a chance to try and explain to the person you made a one time mistake and didn't mention anything b.c the court told you it was a not a criminal matter.

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