Ask Me Help Desk - Misdemeanor 1988

Thank you in advance,

I have recently left my previous employer after 10 years, and have recently started looking for a job. Previously I was only asked about felonies and have never had an issue with this arrest, including Government work.

I plead no contest to a theft in 1988 (Class B misdemeanor). It is the only arrest I have ever had. It was the classic drunk fraternity guys stealing a car tire.

When putting out my resume and completing online screening, I have been responding with the truth. I am just wondering how much that arrest will affect my employment opportunities 26 years later?

Thank you

Theft is considered a crime of moral turpitude... meaning you might have trouble finding employment in a position of trust (finance, child care, etc). Although it was 26 years ago some companies have policies that prohibit them from hiring people with certain arrest records a few examples would be banks or any role within law enforcement. Always, however, be honest on the application. Many employers only ask if you have had a misdemeanor conviction within the last 7 years so you can check no in that case which will help you get the interview. Also, don't address the charge in the interview unless you are specifically asked. Additionally, your solid work history will no doubt help you get an interview as well. So be honest and focus on the positives... you should be fine.

Thank you for the response,

I am in a panic because this has never been an issue. I have held several other jobs in that time that involved cash handling and key holder etc. I honestly thought this had been sealed or expunged. Only now I realize what an idiot I was.

Looking for a new job has been stressful enough.

Thank you again

Sure. The problem is that now more than ever most employers conduct preemployment background checks. But just another thing you might want to do is go to the court where you pled to the offense and apply to have your record expunged. If that was your only charge ever (unlike dui's) you can have it removed but you will have to go before a judge to do so. As a former intern to a judge I would see this request granted a lot. It's a fairly simple process. Good luck to you and don't stress out about it.

Unfortunately, it was Texas, cannot be expunged with No Contest plea. I had thought this was sealed and taken care of years ago at the time by my lawyer, I was given a small fine and deferred probation.

I was asked for fingerprints for a job recently so ran my own background check for piece of mind... and this was the only thing to come up. Needless to say I informed the employer and dropped out of the employment chance.

I am wondering more, if an HR person would look at this and immediately disqualify me, or if consideration would be given to the fact it was 26 years ago?

Quote:

Originally Posted by demitrix

Unfortunately, it was Texas, cannot be expunged with No Contest plea. I had thought this was sealed and taken care of years ago at the time by my lawyer, I was given a small fine and deferred probation.

I was asked for fingerprints for a job recently so ran my own background check for piece of mind... and this was the only thing to come up. Needless to say I informed the employer and dropped out of the employment chance.

I am wondering more, if an HR person would look at this and immediately disqualify me, or if consideration would be given to the fact it was 26 years ago?

I was a recruiter in Houston actually for a large oil and gas company and I would see this a lot. The only time I rejected an applicant was when it was a violent offense that had occurred within the last 5 years. If the applicant had a clean record for many years and the offense was rather benign it wasn't something I would be concerned about as long as the applicant was honest and checked the box for a misdemeanor offense. Essentially, the most important thing becomes the work history and reference check as it is important to hire a candidate with a strong resume. Make sure on the application if you are asked about the misdemeanor include the year;)

Thank you! Stress levels are definitely getting manageable.

When checking yes, as an HR person what information should I include? Misdemeanor Theft 1988? Or just misdemeanor 1988?

"Have you ever been found guilty of a felony or a misdemeanor crime (other than minor traffic violations) or been on probation under the terms of deferred
adjudication? (This information will not necessarily bar you from employment.)

Yes

No
If yes, state offense, location and disposition"

I plan on being very open and honest about this.

Again thank you for taking the time to help, very much appreciated and this is one of those solids that I will pay forward.

... and one last question, I have 3 college degrees and some of the jobs I am applying for, those are not applicable and would probably be a nuisance for some jobs... do I need to put them all down or only the pertinent one?

Thank you again

Quote:

Originally Posted by demitrix

Thank you! Stress levels are definitely getting manageable.

When checking yes, as an HR person what information should I include? Misdemeanor Theft 1988? Or just misdemeanor 1988?

"Have you ever been found guilty of a felony or a misdemeanor crime (other than minor traffic violations) or been on probation under the terms of deferred
adjudication? (This information will not necessarily bar you from employment.)

Yes

No
If yes, state offense, location and disposition"

I plan on being very open and honest about this.

Again thank you for taking the time to help, very much appreciated and this is one of those solids that I will pay forward. ... and one last question, I have 3 college degrees and some of the jobs I am applying for, those are not applicable and would probably be a nuisance for some jobs... do I need to put them all down or only the pertinent one?

Thank you again

You would need to check yes and then put misdemeanor 1988. I would really leave it at that. If they really want to know they will find it in the background check. Now, if you want to put the charge was theft and you pled no contest you might try to minimize it by saying something to the effect that it was the result of a college prank gone awry. Because it was so long ago and you have had nothing since I would just say yes and misdemeanor 1988 and the location.

Put all degrees. I think that also shows you have accomplished a lot since the arrest and that you have "changed you ways" ;)