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  1. #1

    Question How Should a Dismissed Charge Be Handled by Prospective Employers

    My question involves a background check in the States of: FL and CA

    I was a successful sales employee at a large public company until I got arrested for a possession charge. The charges were quickly dropped (no formal charges, no conviction), but the company found out and told me that I could either resign or would be fired. I chose to resign.

    I live in FL, and I have been interviewing with three other companies headquartered in Florida and California and wonder what the process SHOULD entail. I have read that some states cannot ask you about arrests prior to an offer. However, if they do run a background before the offer, can they make a hiring decision based on the dismissed charge (I know they can do anything they want, but can they legally say it is b/c of the charge?) If they decide not to make an offer, do they still have to provide a letter stating why? I know that different states have different laws and I have not found a good resource.

    My hope is that I first receive a formal offer, then when they run the check, I can explain the details and will hopefully still be hired based on the fact that there was no conviction.

    To summarize, I am looking for guidance on how this SHOULD be handled by prospective employers in FL and CA. Any help is greatly appreciated!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: How Should Dismissed Charge Be Handled by Prospective Employers

    To summarize, I am looking for guidance on how this SHOULD be handled by prospective employers in FL and CA.
    You're not going to like the answer...

    It is handled at the company's discretion. Some will ignore it. Others will decline to proffer an offer, and tell you why. Others will ask for a detailed explanation, and base their decision on that. Still others won't bother to say anything at all, you'll never hear from them again.

    All perfectly legal. While it's polite to tell a candidate why they are not being hired, it's not a legal obligation.

  3. #3

    Default Re: How Should Dismissed Charge Be Handled by Prospective Employers

    Thanks for the response! I've read, that in some cases, the company is required to provide you with a written explanation of why you weren't hired if it is based on the background - when does that come into play? And, does anyone know if there is a good resource for looking this stuff up by state? I am thinking that some states cannot ask you about non-conviction offenses. So, is it legal for a company to say that they will not hire me based on a "dismissed" charge? Or, does that also depend on the state? thanks!

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: How Should Dismissed Charge Be Handled by Prospective Employers

    So, is it legal for a company to say that they will not hire me based on a "dismissed" charge?
    It varies by state.

    California's reporting rules are here. I've not been able to locate Florida's.

  5. #5

    Default Re: How Should Dismissed Charge Be Handled by Prospective Employers

    Thanks...do you know if a company headquartered in CA is bound by these laws or can they go with the laws governing the state where the applicant resides?

    Also, the link that you gave me says the following:
    Arrest, indictment, information, misdemeanor complaint. Arrests and the formal charges shown in an indictment, information or complaint that result from an arrest can be reported for up to seven years in California. But these records cannot be reported if a conviction did not result.

    That is promising - but who decides if it isn't reported? The database, the 3rd party admin that pulls it...?

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: How Should Dismissed Charge Be Handled by Prospective Employers

    The laws of the state in which you live and work apply. The state in which the company is headquartered is meaningless to you unless you are also physically present in that state.

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