Ask Me Help Desk - Cannot pay restitution due to background check preventing employment

I was given a continuation without a finding and ordered to pay restitution of $13,000.00. I was ordered 5 years probation and I was working at the time however I got sick with lymphoma (cancer) and I was out of work for 2 years and was only receiving $300.00 month from welfare. During this time I still continued to pay $100.00 month. My case comes up in May 2016, and I recently got a job but was let o du to this showing up on my background check. I am having a very difficult time finding employment due to this. Even though it is not a conviction it I being held against e from employers. It will certainly not be paid in full by 05/2016. I have had to file bankruptcy because of being out of work or so long and I did include e restitution as part o my bankruptcy. What can I do? Nobody will hire me and it seems like this will never go away. Please help :-(

Then its time to consider OTHER types of employment than the ones you have been looking for. Many if not most jobs are not restricted due this sort of issue. Plenty of people with criminal convictions have jobs. Only certain ones are restricted.

You were let go because apparently you were not honest when you filled out the application. ANY false or misleading answer on an application is legal grounds for dismissal. No matter how long they take to be discovered.

You will have a serious issue, while the bankruptcy may have allowed you no civil responsibility to pay, there is from criminal court, a order to pay, they will not honor the bankruptcy and expect their court order followed. In fact, I am surprised a bankruptcy court discharged a criminal court payment, (unless you merely showed it as a debt to a person, not through the court)

So your probation will still include paying this debt.

And if not paid, the judge will order a sentence in the case, and a conviction will stand. If this is showing up on your background then it has been shown as a conviction. **Unless it is national security job background searches, where this will show up and still be treated like a conviction.

I will agree, people with criminal records, prison sentences, several convictions all get jobs of some type, if they really try. Perhaps you need to look at other levels of employment,

Was the restitution discharged by the bankruptcy or just listed as a debt? You should go back to the attorney that handled the bankruptcy about your obligations to the restitution. Your next step is to petition the court that ordered the restitution for an extension. Show your attempts to continue paying.

Finally, did you tell the employer about the probation. If you didn't and had been upfront with them, they might not have let you go. I'm guessing the reason they did was more about not telling them then about the problem.

Quote:

Originally Posted by Fr_Chuck

You will have a serious issue, while the bankruptcy may have allowed you no civil responsibility to pay, there is from criminal court, a order to pay, they will not honor the bankruptcy and expect their court order followed. In fact, I am surprised a bankruptcy court discharged a criminal court payment, (unless you merely showed it as a debt to a person, not through the court)

So your probation will still include paying this debt.

And if not paid, the judge will order a sentence in the case, and a conviction will stand. If this is showing up on your background then it has been shown as a conviction. **Unless it is national security job background searches, where this will show up and still be treated like a conviction.

I will agree, people with criminal records, prison sentences, several convictions all get jobs of some type, if they really try. Perhaps you need to look at other levels of employment,

I have a copy of the background check, it shows as a open case with it being a continuation without a finding. There has been no conviction at this time. I believe the paperwork I filled out for them to do the background check asks if you have been "convicted" of a crime in the last 5 years and legally I am supposed to be able to answer NO to this question. The judge was doing this as a continuation without a finding so that I would not have issues obtaining employment. I had no way of knowing I would get cancer and be out of work for two years. I am trying very hard to find a job and want to get this paid, but it will never get paid by the hearing date in May 2016. My PO said they would continue the case at that time and I will be on Probation until the restitution is paid in full.

Quote:

Originally Posted by ScottGem

Was the restitution discharged by the bankruptcy or just listed as a debt? You should go back to the attorney that handled the bankruptcy about your obligations to the restitution. Your next step is to petition the court that ordered the restitution for an extension. Show your attempts to continue paying.

Finally, did you tell the employer about the probation. If you didn't and had been upfront with them, they might not have let you go. I'm guessing the reason they did was more about not telling them then about the problem.

I didn't think I had to tell them because the background check paperwork asks if you have been "Convicted" of a crime and this is not a conviction... it is continued without a finding. The judge did this purposely so as not to hinder future employment, I am wondering if I was let go legally?

Many applications also ask have you ever been arrested as well... not just convicted. I know this because I have had to fill out more than a few that specifically asked that as well. They won't necessarily have the same answers for everyone.

And there also is the second issue... haven't you been looking for OTHER jobs that don't require such background checks. When you have such legal obligations or just don't have a job... ANY job is better than no job.

Not being judgmental in any way... but it almost appears you are so hyper-focused on certain types of jobs you have been discounting all others in your search by what you are saying and how.

I was also never arrested for this or ever for that matter. I guess some companies don't do background checks and I have sent out probably 30 resumes this week alone. It seems that many of these jobs are through temp agencies and each one of those do background checks. I am sure I will find something, it's just discouraging right now.

Quote:

Originally Posted by smoothy

Then its time to consider OTHER types of employment than the ones you have been looking for. Many if not most jobs are not restricted due this sort of issue. Plenty of people with criminal convictions have jobs. Only certain ones are restricted.

You were let go because apparently you were not honest when you filled out the application. ANY false or misleading answer on an application is legal grounds for dismissal. No matter how long they take to be discovered.

I was not dishonest... the background check paper I signed asked if I have been convicted of a crime which I have not. The case is supposed to be dismissed once restitution is paid in full, it's just taking me a lot longer than what I anticipated due to having cancer and now having difficulties finding employment.

The point is that a background check shows a run-in with the court system. While you may have been legally correct in not mentioning it, if you even suspected it would show on a background report, you should have mentioned it.

What ones do and don't depend on the type of work... Direct cash or securities handling as well as being in and around stuff that can be considered national security or working around Children are the most likely to have them.

You seem OVERY focused on the, "but I wasn't convicted", I wasn't arrested etc... and particularly the its "The case is supposed to be dismissed once restitution is paid in full" aspects and ignoring the big picture. First... its not dismissed yet... and its unlikely to be anytime soon because you haven't paid it.

Paying it can happens in other ways beyond taking it from a paycheck... you could borrow the money from friends or family... ( though you won't get it from a bank without a job). You could work several part time jobs... I personally know people that have bought single family homes in a very expensive area doing that (we are talking over $200,000 homes). I am assuming you don't have a 401K or retirement plan you could borrow that from... (in this case its really not that much to do)

Don't take this as having a mean intention... because It's not intended to in any way shape or form.

It appears like you are viewing this like its less severe than a littering violation and public service... the fact is you got a sweetheart deal probably because you had a clean record.

The fact you got "probation" by a court... and are ordered to pay a rather significant restitution indicates that this really wasn't so minor...

What happens if you fail to do so... this would be indicative of how serious this is.. ( I didn't see if or where this was stated earlier)... and its going to be on "the books" so to speak until the issue is paid or the alternate judgment is satisfied.

SO the part time jobs are beneath your education or experience level... the court wants paid... somehow... they don't care how difficult it is or what job you have to do in order to do it. Its as much about teaching a lesson as it is the actual restitution.

Besides... those part time jobs don't have to be a career... once you pay the debt and satisfy the court... (assuming you do in time or to their satisfaction) afterwards you could go back to life as usual. Get a better job.. etc. You could always get the part time jobs WHILE continuing to look for a better one. I've known many people with full time jobs take a part time job to help pay off a debt....yes its tough and exhausting....but it can be done.

Yeah getting cancer is one heck of a kick in the gut... (I do hope you end up being a long term survivor, I know many who are and far too many who weren't).. so it is going to take a lot more effort to keep your head up and persevere than most people.

I just wanted to expand on what smoothy said. If you were ordered to pay restitution, it was part of a plea deal. But it means you broke some law that cost someone $13K.

Employers can read between the lines. They see you were ordered to pay restitution by a court so they know you agreed to it to avoid a conviction on your record. So, by not telling them about this, is not going to endear you to them. Therefore, you need to be upfront with employers about it. You can wait until they call you back for a second interview, but you need to bring it up before they find out about it.

An add on the to the excellent responses you have received... Your probation officer will likely be aware of employers that give second chances to people, and can be a great resource for helping you find employment.. They probably won't be great jobs, but will help you get through paying off this debt.