Do background checks for a job show a pending criminal charge or just convictions? I’ve heard various things so I was wondering if anyone has any experience.
If the charge is for a pending misdemeanor is that considered a minor issue that may not impact getting the job? This is for a temp admin job. The charge is simple assault and is going to be dismissed after a class is taken.
Anyone have a comment on this?
Answer: It depends on the employer and State laws.
This site explains what can and can’t be cause for employment or not. https://careertrend.com/how-5825125-job-criminal-charges-pending.html
Also, some (most) potential employers ask if you’ve ever (or limited to a specific length of time) been arrested and is usually followed up with "Were you convicted?
And this is always followed up the “If YES to either question, provide details.”
In a nutshell, any arrest or charge, even pending is a negative and can be reason for not being accepted by the employer.
BTW, this sounds like this is about your (ex?) girlfriend. If so, please update your other thread as I and many others are curious about the latest info. Hope you’re doing okay!
While I’m sure it’s different from agency to agency, I don’t see why it wouldn’t show something that’s pending, that information is available to the pubic (for free usually). If you are able to add an explanation, you could do that and see what happens.
At my work, a lot of our employees have Operator’s Licenses (aka bartender’s license). Years ago, one of my employees had hers declined. When I called city hall to ask why, they said it was because she had a ticket, but didn’t list it on the form*. I asked my employee about that, and why she didn’t list it and her answer was that the form asks if you’ve been convicted, but she’s only been accused and the court date isn’t for a few months.
I called city hall back, explained the situation that she got her license.
They’ve since updated their form. It still asks “Have you ever been convicted of any offense(s), including…”, but they added another line that reads “Are any citations or changes presently pending against you for any offenses, including…”
Yes it is for my girlfriend . We have not broken up yet but still living apart. She has to take an 8 week class rather than the 26 weeks they offered at first, she had a very good lawyer.
While a pending misdemeanor itself may not be cause for an employer to deny the job, domestic violence is a big NO for most employers. No employer wants to risk hiring someone who’s shown they can be violent, even if the court dismisses the charges. If something, even mildly violent were to happen, the employer could be sued for endangering other employees.
Wouldn’t that make anyone with any kind of DV charge against them essentially unemployable.
Depends on what type of work. If you’re a blue-collar worker where you don’t have to work in too close proximity to other workers, you may be hired. Working white collar in high stress job in a small office. Less likely.
My jerk nephew worked as a laborer even though he had a firearms conviction (illegal discharge). Now that he’s served time for domestic violence, I doubt he’ll be rehired. Don’t know, don’t care what he does now.
Read your employee handbook on employee disciplinary procedures. Most will allow for verbal, then written writeups. But harrass or get into a fight with anyone on the job, immediate termination.
@ bijou drains
I highly, highly recommend you don’t let your girlfriend list you as a reference, ever! You never know when she’ll have to answer questions about her arrest. Put’s her and your credibility into question. He refused to press charges despite what happened? And we’re supposed to accept what he says as character witness for you?
And yes, she has to answer honestly, even if her arrest and misdemeanor charge is expunged. The have you been arrested or convicted question is a litmus test for the applicant’s honesty. Like the IRS asking if you have any illegal income on your tax forms.
The bright side to this is that by attending domestic violence classes, that shows the person tried / is trying to be “reformed”. Definitely better than saying, “Yeah, I spent X months in jail and I’m all better now!”
BTW, the reason my nephew was sentenced to jail was that despite taking forced domestic violence classes, he violated the TROs he had against him. The prosecutor stating he wasn’t reformed. How do I know this? Public court records. Which a potential employer may rightfully check. So again, never lie!
Edit: I’ve checked on potential hires this way since I did HR in some positions.
She got the job even though the charge did show up on the background check. She was able to explain that it is going to be dismissed after the class.