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  1. #1
    Join Date
    Jan 2008
    Location
    Huntington Beach, CA
    Posts
    16

    Smile Got a Job Offer, But Have a Felony Record

    My questions is in regards to the state of: CA.

    Hi,

    I was convicted of a felony in February 2009 from a domestic violence incident in September. Apart from a DUI in 2004 that I was convicted of (misdemeanor, all court ordered classes and restitution completed but still on informal probation) I have no other criminal background. I have another post on the Expungement Forum that refers to this case.

    I lost my job back in January and in April I started the interview process with a company. I had three extensive interviews, on April 21st, April 24th and May 5th, all lasting 2+ hours and the final one lasting 3 hours.

    I was offered the position on the spot last week and was told I would be sent paperwork with the official offer. That did not happen until today.

    The company's corp office is located in FL and I was asked after the first interview to fill out an online application, which I did. Under the "have you ever been..." section it asked for a crime, not a specific type (felony, misdemeanor). I disclosed the DUI from 2004 for obvious reasons. In CA they specifically ask for a felony conviction but on this application they did not. Not sure if it is a FL thing or not.

    Fast forward to today, and along with the offer is another application that is similar to the one I initially filled out but it asks three specific questions regarding criminal history.

    The District Manager called me to inform me he is emailing me the documentation and specifically mentioned they needed this second application that asks for further information on "past arrests". This signals to me that they may already know about this and are wanting me to come clean.

    The three questions on this second application are:

    - have you ever been arrested, charged, or convicted of a crime? (yes)

    - have you ever entered a plea of "no contest" to a criminal charge? (no)

    - have you ever entered into any type of pre-trial program to avoid prosecution of a criminal charge (??)

    The last one I don't understand completely. I did enter a plea bargain as a result of this DV charge that resulted in a guilty conviction and 3 years probation. My crime is charged as a felony the first 12 months of probation (formal through Feb 2010) but upon completion of some court ordered classes it is reduced to a misdemeanor the remaining 24 months of probation (informal probation). A plea bargain is not the same as a pre-trial program is it?

    On the offer sheet as well, it does state that the offer is contingent upon passing a drug test (no problem - no drugs ever), physical (shouldn't be a problem) and "acceptable results of a background check".

    I thought I had dodged my background having gone through the 3 interviews over 3 weeks but it looks like I have no choice but to disclose this and let the powers that be make the decision.

    My question is, how much should I disclose and what should I disclose? Should I put my attorney's contact information as a sign of openness if they want to investigate any further?

    Any and all help would be appreciated - I have to return this by tomorrow and am nervous, hoping I don't blow it. I do not wish to lie however, especially since they stated they will conduct a background check and it will be disclosed one way or another.

    Thank you!

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Got a Job Offer.now What

    You need to answer all questions on the application truthfully but you do not have to disclose any information not asked for. However, it will most likely be picked up on the background check.

  3. #3
    Join Date
    Jan 2008
    Location
    Huntington Beach, CA
    Posts
    16

    Default Re: Got a Job Offer.now What

    Thanks for the response, Betty. I was actually curious to see responses to the third bullet point above, as I don't know if entering a plea bargain means I entered a pre-trial program. I would assume that means a diversion program of sorts, which would most likelty indicate a drug offense, which is not the case so I put "no".

    I actually did disclose on the on the intial application (out of FL) that I was convicted of a crime but since it did not ask specifically whether or not that crime was a misdemeanor or felony I went with the lesser chargeof the DUI from 2004.

    It's this second application that the manager sent me that I am concerned about because it goes into more detail in the criminal/arrest history section where as the intial one did not. Is that fair to me since I already filled out an application? Probably not but it's not that big of a deal to me to fill one out again.

    Per our phone conversation where the manager specifically metioned previous arrest history, I fully believe something is up. It's just the timing of it all that perked my ears - three extensive interviews over the course of almost a month, a job offer on the spot yet no mention, discussion or request for information about my arrest history except for the day they send me the official documentation? Something doesn't add up.

    I've had about 8 hours to think about it and the more I do, the more I feel they know I have a felony conviction and are checking to see if they have an honest employee on their hands (therefore trustworthy).

    Because of that hunch, I went ahead and drafted an addendum to the arrest history section, filled out the application and associated documents, scanned and attached ID documentation and sent it off explaining some detail of the incident but leaving it open for discussion as a feeler to see if I automaically went into the circular file and I should move on or if they still have interest in me and genuinely want me there.

    It's out of my hands at this point and what will be will be. If I get it I would consider myself fortunate but if not, it certainly won't be because I was dishonest.

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Got a Job Offer, But Have a Felony Record

    No a pre-trial program is not the same as a plea bargain.

    You shouldn't have left any information off the application that you later had to add an addition for.

    You'll just have to wait to hear from the employer.

  5. #5
    Join Date
    Jan 2008
    Location
    Huntington Beach, CA
    Posts
    16

    Default Re: Got a Job Offer, But Have a Felony Record

    Thanks for the advice. Moot point anyway though as they rescinded their offer today.

    Back to the drawing board I guess.

  6. #6
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Got a Job Offer, But Have a Felony Record

    You're welcome. Just be sure to be truthful on your applications. You won't get the job for sure if you lie.

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