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Employment application: Have you ever been charged/ convicted of a Felony?

Asked Nov 15, 2007, 07:56 PM — 19 Answers
I have an 18 year old son who was charged with a Felony offense (arson) when he was 16, he was placed on Diversion ( like Juvenile probation) and in January of 2008 he can petition the court to have it expunged from his record since he hasn't been in any trouble since or even before that.
My question is this..he repeatedly answers "yes" to the question; Have you ever been charged/ convicted of a Felony? On job applications...and you know what that means..they pitch his app and he never gets a chance to even interview. He's afraid to say no and tells future employers the story.Some companies do background checks on all future employees.
1. Does he have to say yes to that question on an app, since he was a juvenile when it occurred?
2. If a future employer did a background check, would the charge appear?

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19 Answers
charlotte234s's Avatar
charlotte234s Posts: 1,903, Reputation: 790
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#2

Nov 15, 2007, 08:34 PM
I would say yes unless the charges were formally removed from his record and yes, they would see the charge but also that he was a minor when it happened, I believe, until is it actually expunged from his record.
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excon's Avatar
excon Posts: 21,006, Reputation: 15485
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#3

Nov 16, 2007, 05:32 AM


Quote:
Originally Posted by Jenrn1966
1. Does he have to say yes to that question on an app, since he was a juvenile when it occurred? 2. If a future employer did a background check, would the charge appear?
Hello J:

1) I don't know. Like if he lies is he going to be struck dead? Of course he can lie. If he gets caught, he either won't get the job or he'll be fired if he already HAS the job.

2) I don't know again. SOME background checks might show it, while OTHERS won't. There isn't any such think as a "background check". There's GOOD background checks and there's BAD background checks. It depends on who the company buys their background checks from and how much they pay for them. If they're cheap, and they hire Joe Schmoe to do the checks, then it probably won't show.

excon

PS> (edited) Good for your son. He knows a lie when he sees one. You could learn a lesson from him.
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ScottGem's Avatar
ScottGem Posts: 58,170, Reputation: 28165
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#4

Nov 16, 2007, 05:36 AM


Was he convicted? Most of the apps asked if you were convicted, not just charged. Most background checks only show convictions.
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charlotte234s's Avatar
charlotte234s Posts: 1,903, Reputation: 790
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#5

Nov 16, 2007, 12:00 PM
I agree with both posts by excon and scottgem. I think it is just a good idea not to lie, that will be bad, and if he is going to be expunged soon, then he can try again then if it affects him getting the job now, and yes, convictions are the only thing that show on background checks, I believe.
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e419's Avatar
e419 Posts: 14, Reputation: 0
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#6

Nov 16, 2007, 07:19 PM
I believe that records are seeled at 18 for anything that was done before then. Check into it but I'm pritty sure they are seeled
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Jenrn1966's Avatar
Jenrn1966 Posts: 6, Reputation: 1
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#7

Nov 25, 2007, 08:51 AM
Some people who answered my question thought that I was encouraging my son to lie..I was not, I encourage honesty and think its better to be upfront. I was just curious if there was a legal difference between being "charged" with a crime and being "convicted " of a crime. Lots of people are charged..you can charge me with all kinds of things...but I won't be convicted if I'm innocent(hopefully).
I'm also discouraged with hiring practices..my son applied for a city job, told them the story and they didn't even want to do a background check...how does someone get a second chance these days?

Our decision: he's waiting, finishing school and we will get his juvenille record expunged in January..thanks to those who answered
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Jenrn1966's Avatar
Jenrn1966 Posts: 6, Reputation: 1
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#8

Nov 25, 2007, 08:57 AM
Comment on ScottGem's post
Quote:
Originally Posted by ScottGem View Post
Was he convicted? Most of the apps asked if you were convicted, not just charged. Most background checks only show convictions.
defined conviction versus charged
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Jenrn1966's Avatar
Jenrn1966 Posts: 6, Reputation: 1
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#9

Nov 25, 2007, 08:57 AM
Comment on charlotte234s's post
Quote:
Originally Posted by charlotte234s View Post
I agree with both posts by excon and scottgem. I think it is just a good idea not to lie, that will be bad, and if he is going to be expunged soon, then he can try again then if it affects him getting the job now, and yes, convictions are the only thing that show on background checks, I believe.
useful info
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Jenrn1966's Avatar
Jenrn1966 Posts: 6, Reputation: 1
New Member
  
#10

Nov 25, 2007, 09:00 AM
Comment on excon's post
Quote:
Originally Posted by excon View Post
Quote:
Originally Posted by Jenrn1966
1. Does he have to say yes to that question on an app, since he was a juvenile when it occurred? 2. If a future employer did a background check, would the charge appear?
Hello J:

1) I don't know. Like if he lies is he going to be struck dead? Of course he can lie. If he gets caught, he either won't get the job or he'll be fired if he already HAS the job.

2) I don't know again. SOME background checks might show it, while OTHERS won't. There isn't any such think as a "background check". There's GOOD background checks and there's BAD background checks. It depends on who the company buys their background checks from and how much they pay for them. If they're cheap, and they hire Joe Schmoe to do the checks, then it probably won't show.

excon

PS> (edited) Good for your son. He knows a lie when he sees one. You could learn a lesson from him.
Judgmental answer...I wanted to know if he could legally, honestly and in good faith, answer no to the app question, I don't want him to lie
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