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For those who are involved in the screening/ hiring process for a company ..

R

ROID

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Get Shredded!
or if you own your own company and do your own hiring..

legal question:

If you come across a candidate and on his background check you see that he was once charged with a felony but there is no guilty or innocent verdict, instead there was a "withhold of adjudication " (spl)

I know what this means so cut and paste definitions aren't necessary.

What I want to know is how this should be interpreted by the employer.

This person has the right to say no when asked if he/she has been charged with a felony. This person has the right to vote and bear arms in the eyes of the federal government but how should an employer approach this ?
 
I think the answer lies in if said person was truly CHARGED and now has a felony ON their record.. if the answer is no, said person can absolutely say no they were never charged..
 
the person was charged but it wasn't dismissed BUT he /she was not found guilty either.

I believe for federal jobs this is still considered a felony when being considered for a job. It is a grey area. I'm not sure How to interpret it.

With this type of judgement they can say they have never been convicted of a felony which allows them to vote and bear arms etc...but on their background it doesn't say they were not found guilty or innocent nor does it say dismissed NOR was it plead down to a lesser charge.
 
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Most background checks won't show anything but convicted. If you are applying for a sensatative position that requires a license, for example Insurance, then "moral code" can be applied and the best thing is to be honest and say charged not convicted as backgrounds for those jobs would show charged not convicted. Even plea of no contest would show so just be honest on those and your good
 
I didn't know this about "moral code." Never heard that term.

How is this applied to someone who is found not guilty of a felony ?

Everything shows up on a background check, every charge even if it was dismissed in court. Could an employer refuse to hire someone who has had a felony dismissed citing "moral code" as the reason or excuse ?
 
I missed out on a 6 figure job recently because of 3 misdemeanor assault charges. The felonies they didn't care about, but they took 3 assaults as a sign I may have trouble working well with others. Really a felony would only matter if the felony keeps you from being licensed in a field or from working in a particular location. There is no requirement that you be hired. Fitting in has no legal definition but it can surely be grounds for not hiring someone or even firing them. Plenty of places have morals clauses in their contracts.
 
ROID said:
I didn't know this about "moral code." Never heard that term.

How is this applied to someone who is found not guilty of a felony ?

Everything shows up on a background check, every charge even if it was dismissed in court. Could an employer refuse to hire someone who has had a felony dismissed citing "moral code" as the reason or excuse ?
Click to expand...


Only if the job requires a state or federal license. For example series 6 and 7, insurance, NMLS, contractor anything to do with public transactions of trust.

if a reg job no, but it would be very hard for you to prove discrimination in court on those grounds. So if you don't get hired, prob not cause of that but because you failed the interview.
 
If you want to put the dismissed charge behind you, pay a lawyer and gave it expunged.
 
A lot of companies, especially gov. ran or federally overseen companies will not even consider you if you have a felony.

I'm just wondering if you have a charge and the outcome is this "withhold of adjudication " if you are still treated like a felon even though none of your civil rights are effected.

I just can't get a clear answer and it seems to vary from state to state and career to career.

I guess it was designed to be vague and up for interpretation under different circumstances.
 
kombatarts99 said:
Only if the job requires a state or federal license. For example series 6 and 7, insurance, NMLS, contractor anything to do with public transactions of trust.

if a reg job no, but it would be very hard for you to prove discrimination in court on those grounds. So if you don't get hired, prob not cause of that but because you failed the interview.
Click to expand...

take baby steps with me...

where would Lockheed Martin fall in this ? private company but mostly government contracts: military mainly.
 
IML Gear Cream!
JRotten said:
If you want to put the dismissed charge behind you, pay a lawyer and gave it expunged.
Click to expand...

I was told this isn't possible if you have priors.

the charge isn't dismissed, or is it a conviction . the verdict or outcome will be " withhold of adjudication " This will be the judgement associated with the charge.

in reality it's not anything yet.
 
I'm being vague but this is the best way I know to describe things.
 
I know you can get anything expunged. That's your best route. I work in a plant. You must carry a twic card and pass back round checks for the hiring and twic. I work with guys that have been convicted of felonies(more than three) One served time for bringing in gear from mexico and got arrested getting off grey hound on way back. Anyways most guys I know working in six figure jobs just get shit expunged. If you young enough after 7 years shit does not show anymore. May vary from state to state but I assure you I have close buds who was convicted of felony and got on in plants. once 7 years passed he applied so could get twic card. Might be little longer but almost 100% its 7 years.
1 guy arrested for assault applied didn't get cause of this. Waited the time applied again and got on go figure.
2 served 7 years in prison for bunch of shit. By the time he got out was able to get twic
3 caught with the gear. Passed check after the 7 years up.
4 got caught selling 16 x pills. And also had a previous weed charge. Expunged
All of these guys have twic. All are working for one of the top five biggest oil companies. Which does very comprehensive background checks from driving records to criminal.

Sent from my DROID RAZR using Tapatalk
 
ROID said:
I'm being vague but this is the best way I know to describe things.
Click to expand...
My deferred adjudication a CAN be expunged but there is no point since it's a drop in the bucket anyway. Anymore it's hardly an issue, but my first is all 12+ years old at this point.
 
boyou boy said:
I know you can get anything expunged. That's your best route. I work in a plant. You must carry a twic card and pass back round checks for the hiring and twic. I work with guys that have been convicted of felonies(more than three) One served time for bringing in gear from mexico and got arrested getting off grey hound on way back. Anyways most guys I know working in six figure jobs just get shit expunged. If you young enough after 7 years shit does not show anymore. May vary from state to state but I assure you I have close buds who was convicted of felony and got on in plants. once 7 years passed he applied so could get twic card. Might be little longer but almost 100% its 7 years.
1 guy arrested for assault applied didn't get cause of this. Waited the time applied again and got on go figure.
2 served 7 years in prison for bunch of shit. By the time he got out was able to get twic
3 caught with the gear. Passed check after the 7 years up.
4 got caught selling 16 x pills. And also had a previous weed charge. Expunged
All of these guys have twic. All are working for one of the top five biggest oil companies. Which does very comprehensive background checks from driving records to criminal.

Sent from my DROID RAZR using Tapatalk
Click to expand...

is the 7yr wait period a federal / national time frame or does that vary by state ?
 
JRotten said:
My deferred adjudication a CAN be expunged but there is no point since it's a drop in the bucket anyway. Anymore it's hardly an issue, but my first is all 12+ years old at this point.
Click to expand...

So you've had a withhold of adjudication judgement for a case ?
 
ROID said:
So you've had a withhold of adjudication judgement for a case ?
Click to expand...
Yes. Several. They are intended to be expungeable without too much effort although a lawyer is probably worth it if you want it done quickly.
 
If they were charged, however found not guilty they absolutely do NOT need to divulge any information pertaining to that incident.
 
ROID said:
is the 7yr wait period a federal / national time frame or does that vary by state ?
Click to expand...
It may vary from state to state but I can't see how. I'm not sure Google may help with the answer your looking for. But I'm more than positive you can have a felony arrest serve time and after seven years it does not show applying for jobs at least in some states. Also noticed they only ask for your last 7 years of driving history to. Idk but maybe seven years is a standard for everything. And all of this was with more than one company.

Sent from my DROID RAZR using Tapatalk
 
7 years is a long time at my age. The next 7 years of my life are crucial.

being the greatest requires you go through some epic setbacks in life.
 
Get Shredded!
Best route is lawyer and getting it expunged than. Or if its good job than I would borrow the money to get it done if I had to. Are I could sell some of my gear but who wants to do that

Sent from my DROID RAZR using Tapatalk
 
When they ran my background they did the big one through the state correctional department. 21 years worth shit was laid on a desk in front of me. I don't even remember half the shit. Anyone can do that, but few people would. Most record keeping people would check is only kept 7-10 years. The state keeps all of it forever.
 
ROID said:
or if you own your own company and do your own hiring..

legal question:

If you come across a candidate and on his background check you see that he was once charged with a felony but there is no guilty or innocent verdict, instead there was a "withhold of adjudication " (spl)

I know what this means so cut and paste definitions aren't necessary.

What I want to know is how this should be interpreted by the employer.

This person has the right to say no when asked if he/she has been charged with a felony. This person has the right to vote and bear arms in the eyes of the federal government but how should an employer approach this ?
Click to expand...

This is just me but when I come across something like this I pass. There's no need to take a chance with my operation on a guy / girl I don't personally know that has some sketchy shit on their record.

UNLESS: They have a reference from someone I know personally who can vouch or they have such an amazing resume that I can't pass and they have amazing professionally references from all their previous employers.

One thing to know is that there are different background checks. Most companies don't do nation wide checks unless it's like a state or government position so (like in my case) you can lie about your previous residence and leave out the state you have a felony in and they'll never see it. Every state you do a check in costs more money so a company will ask for you last 7 years of addresses and do a check in each of those states to save money.

Just my experience from both the having a felony side and the hiring side. I feel you though, my felony is 15 years old now but it ruined my fucking life for a decade.

Good luck.


Sent from my iPhone using Tapatalk
 
I recently appied and had my interview and PT for corrections. On that if i remember right it stated have you ever been CONVICTED of a felony. Theres a difference between convicted and not.
 
JRotten said:
Yes. Several. They are intended to be expungeable without too much effort although a lawyer is probably worth it if you want it done quickly.
Click to expand...

I have one and he said under Florida law it cannot be expunged because I have priors but my priors are misdemeanors, dui, disorderly conduct, minor things.

I've spent so much fucking money this year on legal fees and I'm close to firing this jackass and getting another attorney.
 
Majere1313 said:
This is just me but when I come across something like this I pass. There's no need to take a chance with my operation on a guy / girl I don't personally know that has some sketchy shit on their record.

UNLESS: They have a reference from someone I know personally who can vouch or they have such an amazing resume that I can't pass and they have amazing professionally references from all their previous employers.

One thing to know is that there are different background checks. Most companies don't do nation wide checks unless it's like a state or government position so (like in my case) you can lie about your previous residence and leave out the state you have a felony in and they'll never see it. Every state you do a check in costs more money so a company will ask for you last 7 years of addresses and do a check in each of those states to save money.

Just my experience from both the having a felony side and the hiring side. I feel you though, my felony is 15 years old now but it ruined my fucking life for a decade.

Good luck.


Sent from my iPhone using Tapatalk
Click to expand...

I don't have anything yet. I've just been made an offer. I've gotten away with a lot of silly shit in my life but what I'm going though now is just blown so far out of proportion.

I'm not exaggerating. Imagine getting a speeding ticket and the DA threatening you with prison time over it.

Its a mess. I know I'll come out on top but getting to the end game has really put me in some tight spots financially and career wise.
 
wrekem said:
I recently appied and had my interview and PT for corrections. On that if i remember right it stated have you ever been CONVICTED of a felony. Theres a difference between convicted and not.
Click to expand...

withhold of adjudication for a felony charge allows you to check no when asked if convicted. You can still vote, run for a public office and own a gun.

I'm just not sure how it would be interpreted when it comes to background checks.
 
As a business owner where my employees work inside of people's homes, I can't hire anyone with a felony because I'm licensed and bonded which prevents me of doing so. But someone in your case can be hired. But with that said, I will ask you about the charge to see if it was a violent crime you were accused of or a theft. You have the right to not answer and I have the right to not hire. I have hired someone in your position but he was completely upfront with me. I didn't even have to ask him about it. He was in the wrong place at the wrong time but wasn't physically involved but arrested anyway because the police thought he might be. Guilty by association type. He's turned out to be one of my best employees.
 
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