I'm asking for my husband. In late May of this yr, he was set up by a "friend" and charged with Delivery of a controlled substance PG1 (Over 4 and under 200 grams). He was arrested and spent a day and a half in the county jail before I bailed him out, which he is currently on. His lawyer is confident he can get the case dismissed on a number of technicalities (was not read his Miranda rights, the drugs were never on his person and he did not deliver them to anyone-the police took them out of his car etc, etc). That is all irrelavant to my question. He recently lost his job at Exxon/Mobil as an IT desk top support tech. He had an interview with Oncor on Thursday and they offerd him a IT tech position, paying a little more than he was making at Exxon/Mobil. However, the job offer is dependent on him passing a drug screen (which he is taking Mon) and a criminal background check. He has not been convicted/found guilty of anything, only charged at this point. I know there are varying degrees of background checks. I am not sure how extensive/thorough Oncor's will be but can anyone give me an estimated probablility of this charge/arrest showing up on his criminal background check and can they rescind the offer based on a charge and not a conviction? Any and all advice and past experiences are appreciated.

No one here can guess how thorough a background check will be done. When asked about arrests and/or convictions, what did he answer? Was the loss of his employment related in any way to the arrest?

I actually do background checks. Some companies are far more thorough than others.

As you are very well aware employment is tight right now - two people, same backgrounds, one pending arrest, one nothing - the "nothing" gets hired.

They did not ask him about arrests or convictions. They just told him he would have to pass a background check and drug screen before he can start.
No, his being let go at Exxon was not related in any way to his arrest. Arrest was in May, he was let go in late Sept. He was a contractor thru a staffing co. They said it was due to "his attendance" but that does not make sense bc he did not miss that often, aprox 1 day every 2 mos or so and he had been there 15 mos.
I used to do pre-employment background checks too at an Alzheimer's care facility. I do not remember any pending charges coming up, only convictions, but as you said some companies are far more thorough than others and Oncor is a large utility providor in the stae of Texas. Thank you for your reply. I appreciate it!

USUALLY it's only convictions. If not, all sorts of innocent people would have charges which were later dropped held against them. I'd take a deep breath, cross my fingers and "assume" he's going to be all right. I have, on occasion, seen pending charges but not always.

I hope so.

Only convictions show up on standard and government (POLICE) background checks, A background check though some private search firms may show this up and even more.
While arrests without convictions are not suppose to be used against you, if they know about them, well you can guess what they may do.

I will address the case a minute.
Miranda, is not required to be given at arrest, I have arrested many people and never read it once. It is only used before you question the person, So if it was not read to him ( actually normally given on a piece of paper to sign at the station before the Dect talk to him. But a case is not dismissed for last of Miranda being read, but the evidence or his confession or his statements he made, can be thrown, out.

Depending on where you are at, if the drugs are in your car, you are in possession. In fact if they were in the pocket of another person, and that person is in your car, in Georgia anyway, you can be convicted for those drugs. He may need to have a more down to earth conversation with his attorney, as to this, has the attorney filed motions to have the case dismissed ?

I can't speak of other states but I do know that a NY State fingerprint check will reveal a pending charge and a court records check (by name and DOB) will also turn up a pending arrest. The only time an arrest will come back clear is if the defendant was acquitted or had the charge dismissed

Criminal History Record Search - FAQs - Unified Court System

Link above for NY State CHRS background check says that information is returned on pending and disposed cases

I don't know if other states operate the same way

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Originally Posted by rlrl2010

i can't speak of other states but I do know that a NY State fingerprint check will reveal a pending charge and a court records check (by name and DOB) will also turn up a pending arrest. the only time an arrest will come back clear is if the defendant was acquitted or had the charge dismissed

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That is not the case from my experience in NY. I'm an investigator for law firms. What is your experience, what level?

My "experience" is that of being a defendant 15 years ago when I pled guilty to a violation in NY.

Look at my link to the NY State UCS criminal history search--look under "what kind of info is included?" you will see that pending cases are included in the reports

Also, the NY General Business Law article 25 section 380 J (prohibited info in a Consumer Report) says that no information pertaining to an arrest or a criminal conviction can be included in a Consumer Report unless there was a criminal conviction or the arrest is still pending

From experience I was just denied a job for two pending felony charges last week. It all depends. I actually ran across this to find out how to stop pending charges from showing up on my record. Because they will be dropped due to lack of evidence but I still can't work for anyone with this over my head. Much prayers are with you and if I find a way to get them removed until convicted, you'll be the first to know.

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Originally Posted by Kerry1872

can anyone give me an estimated probablility of this charge/arrest showing up on his criminal background check and can they rescind the offer based on a charge and not a conviction? Any and all advice and past experiences are appreciated.

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Hello Kerry:

Since the arrest is relatively new, and there's been no conviction, there's a good chance it won't be there. But, if it is, and even it isn't, they can refuse to employ him for any reason, or no reason at all.

excon

I'm in California and was just denied a position with Radio shack due to pending charges. So they definitely can show up on a background.. it was very detailed as well as far as the case no. the charges etc. Even the next court date was on the background... I was offered the position and then they rescinded the offer and went with someone else.

This question is for Judy KayTee I was convicted of 2 felonies in the early 90's and I have been out of trouble since then . I'm thinking of applying for a new job but I hear they do extensive background checks. How far back can a company actually go and find something?

Jesse

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Originally Posted by mrslimrab

This question is for Judy KayTee I was convicted of 2 felonies in the early 90's and I have been out of trouble since then . I'm thinking of applying for a new job but I hear they do extensive background checks. How far back can a company actually go and find something?

Jesse

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Depends on the company - I've seen checks go back to age 18, 10 years, from birth.

Depends on the company and how much it wants to spend on a background check. Currently I am seeing companies ask for credit reports (not all that unusual) and Facebook/Tweeter accounts.

A lot depends on the type of employment.

A Federal employee in my area was recently fired based on a FB posting. He fought. He lost.

Was your charge a felony or a misdemeanor?

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Originally Posted by jjalv

I'm in California and was just denied a position with Radio shack due to pending charges. So they definitely can show up on a background.. it was very detailed as well as far as the case no. the charges etc. Even the next court date was on the background... I was offered the position and then they rescinded the offer and went with someone else.

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Was this a flony or misdemeanor pending charge?