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sammi23 · Sep 12, 2007, 07:59 AM

I pleaded guilty of 2C:20-11b(2) shoplifting, which was downgraded to disorderly behaviour(Twp.Ord.129-13) early 2006 and just paid a fine (in state of NJ). I am offered a new job now and my employer does compliant background screening as a contingency for employment. What are the chances that I will be denied employment? Please help

GlindaofOz · Sep 12, 2007, 08:01 AM

Be upfront. Tell your employer about it now. If you wait or leave it off your application it will look worse then you being upfront.

sammi23 · Sep 12, 2007, 08:06 AM

Originally Posted by GlindaofOz

Be upfront. Tell your employer about it now. If you wait or leave it off your application it will look worse then you being upfront.

Thanks.
On the job application I was asked if I was convicted of a felony and I answered no (I have perfect, clean record otherwise), because my attorney had told me that disorderly person is a petty compliant and not a crime.
My job is in a private firm office.
I have a good offer and I am concerned now.

excon · Sep 12, 2007, 08:14 AM

Hello sammi:

If you didn't tell them and they find out, your chances are 99.8% that you'll be denied. If you told them up front, as Glinda suggested, I'd say your chances are 82.4% that you'll be hired.

If you're asking what the chances are that your conviction will show up on a criminal background check, I'd say the chances of that are 12.4% that it won't.

I mean, it's an ordinance you violated for crying out loud... It's NOT a felony. Hell, it's not even a misdemeanor. It's like setting off fire crackers in the city... I don't think too many people would be denied employment for that.

excon

GlindaofOz · Sep 12, 2007, 08:19 AM

Any chance you could call them or send an email and say that you were not convicted of a felony but that you were charged with disorderly behavior which was a petty offense and that you didn't want them to think that you were hiding anything.

I've had people do this (I'm an HR person) and its totally fine. I'd rather have someone be honest. When someone doesn't say anything I feel like they are hoping that nothing shows up and they "get one over on us".

excon · Sep 12, 2007, 08:26 AM

Originally Posted by GlindaofOz

I'd rather have someone be honest.

Hello again, Glinda:

I respectfully disagree. Not about the honesty part, but about him. He WAS being honest, after all. The application asked for felony convictions, and he has none. If they wanted to know about ANY convictions, they could have asked on the application. They didn't.

I don't think he has any obligation to reveal negative things about himself - even this. If that were the case, then none of us would have jobs.

excon

GlindaofOz · Sep 12, 2007, 08:33 AM

I'm only speaking from experience. I've seen arrests and other things pop up on background checks that people thought would not show up since they were not felonies or even convictions. Its easier for us in HR to deal with stuff if we know what to expect. I've seen awesome candidates get axed over an arrest they never told us about. When it comes to criminal checks its always best to be upfront and totally honest. If it looks like you are hiding something THAT is the problem not the conviction itself.

excon · Sep 12, 2007, 08:43 AM

Hello again, Glinda:

I don't disagree with you about that. That's why I suggested that he won't get the job if they find out - even though they didn't ask.

All I was suggesting, is that he wasn't being dishonest when he answered the question.

I further agree, that ANY conviction is problematic when job seeking. The question is, should he reveal it, or shouldn't he, even if they didn't ask? Me? I don't think he should, and I don't think he's being dishonest if he doesn't.

excon

rlrl · Sep 13, 2007, 06:55 PM

The answer to the OP's question is--it depends. There are many methods employers use to obtain criminal records. A question that asks about felonies only could suggest that maybe the check will involve only felony records or DOC records. If a consumer reporting company is used, they may only report information about felonies. If the employer does the check on their own, unless they go to the municipal court where the disorderly conduct record lies, they may miss the record. Usually a disorderly conduct violation is not found at the county court, and that is where many checks are done

rlrl · Sep 13, 2007, 07:00 PM

He was never convicted of a felony, and he has no obligation to reveal the petty offense. The question was limited to felonies, and did not ask about "any crime or offense" it only asked about felonies

NY encourages job applicants not to reveal more than is being asked on a job application

sammi23 · Sep 14, 2007, 06:05 AM

Thank you all.