[JudyKayTee]

You're all wrong.



ex con,

You think wrong. Didn't you read this part? Texas Business & Commerce Code - Section 20.09. Civil Liability - Texas Attorney Resources - Texas Laws

You get 1k per day until they sort it out, or three times actual damages.. which let's see.. if i got a job for $60k per year, and planned on staying there.. oh.. 5 years.. that would be 300k.. times.. three.. almost a million dollars.. plus mental anquish.. loss of health insurance.. etc.. etc...


also, Ex Con you said
I believe they're referring to the credit bureaus. I don't believe these include any of the myriad background check companies.

You believe wrong. Criminal history companies are Credit reporting agencies as defined by the Fair Credit Reporting Act. Read the third paragraph of this:
Criminal History Checks and The Fair Credit Reporting Act Newsletter Article

And JudyKayTee,

"Never good advice to lie on an employment application unless you have a wish to be terminated for no other reason other than they found out."

How would they find out? By doing a criminal history check? If they do, get a lawyer, and sue them for violating your rights. They can ask anything they want. If they have you brainwashed into tattling on yourself.. that's on you.

They'll find out by hiring a good Licensed Private Investigator and they don't have to tell "you" where they got the info - it's up to you to try to prove it. I would "assume" you are addressing law in Texas; I am addressing NYS.

And, hey, some people lie and get away with it and it doesn't bother them - it's all a matter of personal integrity. Whatever works for you -

[anguishedmom]

Now, we're REALLY getting somewhere. The job denial from Best Buy (which was based on the Consumer Report) occurred just 5 months shy of that 7-year mark. I only have knowledge of why they 'unhired' him because they voluntarily sent a copy to him. I hate to pick on just Best Buy, but, just using them as a example, their corporate headquarter is in Minnesota. Does this mean the Texas law does not apply to them?
All jobs applied for since March of last year may have denied him employment based on Consumer Reports or not. We have no way of knowing, do we?
Dramadude, how did you find out?
Can a company really obtain non-felony information by 'obtaining the record from the court on it's own'? Does the court keep a record of who they give this information to?
Sounds like I still should petition the court to expunge his record if just anyone can have access to his record on their own.
My heartfelt thanks especially to Dramadude, rlrl, and funyon. Your recent posts have given me real hope.

[JudyKayTee]

Yes, criminal back ground checks companies are consumer reporting agencies as defined by the FCRA. Read this: FCRA Staff Opinion: Haynes-Beaudette. So, they are covered by the laws What are the states with seven year pre-employment screening restrictions? by Dramadude. And as for lying on a job application? If they asked you if you enjoy the smell of your own farts, how would you answer? And what would be the repercussions of telling the truth? And why, exactly, do you think they ask the question in the first place. It's because they don't want to hire people who enjoy their own farts, and they laugh at you as they throw your application in the trash for being stupid enough to tell them that you do, indeed, enjoy your own flatulence. Think.

Hmm - you must have a very strange profession if this is the analogy that springs to your mind.

And, yes, I'm bonded and insured so if I am asked about any arrests I tell the truth. Of course, if I had some serious arrests I wouldn't be bonded so the question is moot.

[ScottGem]

. And as for lying on a job application? If they asked you if you enjoy the smell of your own farts, how would you answer? And what would be the repercussions of telling the truth? And why, exactly, do you think they ask the question in the first place. It's because they don't want to hire people who enjoy their own farts, and they laugh at you as they throw your application in the trash for being stupid enough to tell them that you do, indeed, enjoy your own flatulence. Think.

That has to be one of the most ridiculous analogies I've ever seen. No company would be allowed to ask a question like that,

The advice stands, lying on a job app is a dangerous thing to do. It can come back to haunt you even years later.

[rlrl]

I hate to pick on just Best Buy, but, just using them as a example, their corporate headquarter is in Minnesota. Does this mean the Texas law does not apply to them?
All jobs applied for since March of last year may have denied him employment based on Consumer Reports or not. We have no way of knowing, do we?

Can a company really obtain non-felony information by 'obtaining the record from the court on it's own'? Does the court keep a record of who they give this information to?
Sounds like I still should petition the court to expunge his record if just anyone can have access to his record on their own.
My heartfelt thanks especially to Dramadude, rlrl, and funyon. Your recent posts have given me real hope.

**Good question about Texas vs Minnesota, you got me there. If I had to guess I would say it's Minnesota law and if Min has no law then they follow the federal rule

Since court convictions are public record, anyone can obtain the record from the court. Non-felony information like misdemeanors usually come from municipal courts. So if someone goes to the supreme or county court, they may miss a misdemeanor record.

I'm not sure if the court keeps a record of who they gave the info to. It's constitutional law to provide the info to the public so I don't know if they have to

 

[anguishedmom]

JudyKayTee, the question is also moot here in Texas, I suspect. The jobs he has been applying for usually only ask if there has been a felony conviction. If they uncover the DWI, it would be due to their own checking procedures.

[rlrl]

You're welcome and don't hesitate to ask more questions as I have a violation so I am used to this stuff. One thing I've learned is NEVER EVER BREAK THE LAW AGAIN!! A non-criminal violation offense is enough to deal with I can only imagine what a criminal conviction must be like. I've learned my lesson.

[rlrl]

Someone back there--it's not the employer you'd sue for $1000 per day, it's the reporting company that wrongly provided the info to the employer.

There's nothing illegal about asking of someone has ever been convicted



However in some states it is illegal to ask if you were ever arrested or to ask about an arrest that did not lead to a conviction

[mom22]

I have been a recruiter for 7 years and have rarely seen a company decline hire for a simple midemeanor. I suspect there is more to the equation.
Also I would never advise anyone to lie on an application. IL is an at-will employment state. An applicant can be terminated or declined hire for any or no reason as long as there is no violation laws regarding protected statuses. Misrepresenting information on an application or resume is grounds for termination or decline of hire.
My suspician is that companies considering your son for employment would have plenty of reason to decline hire outside of the criminal conviction... long gaps in employment, unstable work history, lack of applicable experience, etc.
I would recommend looking into staffing services in your area. They often have more lax requirements than direct employers and can be a good option to gain some experience and skills that will help him in his continued efforts to secure more long term employment. The temporary opportunities that can be provided through these agencies can often lead to permanent job offers for dedicated employees.

[ScottGem]

There are lots of ways someone can get caught in a lie on a job app. Not all of them would constitute a violation of the laws being cited here.

I also think we have gone a field of all the issues here. Like I and others have said earlier in the thread, it seems highly unlikely that a job would be terminated or application turned down just for an old misdemeanor.

What the laws that have been cited here say is that its unlawful for a consumer reporting agency for report a misdemanor older than 7 years. So it just means those agencies can't report it.

[mom22]

Wow! I've been a little disppointed to see some tempers flaring in this thread. I understand that this is a touchy subject and we will all disagree on certain aspects, that is what makes this website such an asset---you get to see several different sides of a situation. But I would hope that as adults we could all be a bit more respectful of each other's differing opinions. When we become belligerent and disrespectful, it can discredit an otherwise valid and valuable point of view.
And I'm sure that my comment will be met with some disdain by one or more of the participants here and for that I apologize. I'm just hoping that we can all remember why subscribe to this site and be a bit more tolerant of each other's views.

[rlrl]

Mom-22-i agree with the posters who said they didn't think the rejection was about the dui--i agree it may be due to his unemployment, etc

A dui is not the worst thing to be convicted of. There are others far worse. In my field they fingerprint you to check for sexual or violent felonies. If you have that you lose your job or don't get the job. The employer can still see the dui or other offense but it's not mandated that the employee be fired

Your son needs to build corrective experience to throw off the effects of this conviction. If an employer sees he has maintained a job with no other problems they will be more apt to hire him and forego the conviction, he needs to give an employer confidence that he will work out.

[getpeaceofmind]

ChoicePoint is not a credit reporting agency. They are an information brokerage company and sell public records and credit "HEADER" reports, which are not credit reports at all. A "header" report simply lists a persons social, previous addresses, and date of birth. There is no credit information. And a criminal record will never be on a credit report, however failure to pay a fine can be reported. Could this be what your talking about? Maybe your kids got a warrant.

You should really know what it is you are dealing with. As a private investigator in my state, I would simply just run the Choicepoint report myself... see what's on there, then go down to the court where the file is and review the actual file. If Choicepoint is reporting innaccurate information, dispute it until it is correct. The solution is really very easy, and I know what a DUI is in my state ( A misdemeaner) but what is a DWI? And what's the difference?

[rlrl]

I think individual states call the driving offenses different things, In NY there is DWI which is driving while intoxicated with a BAC of .08 or more, a first time offense being a misdemeanor, a second offense within 5 years is a class e felony, it shows up on a fingerprint check as well as a court records check and is considered a crime and can always be reported in a Consumer Report

Then in NY there is DWAI--driving while ability impaired--with less than a BAC of .08--is not a crime but a major traffic violation. The punishments are somewhat less than DWI and since the offense is not classified as a crime, there is some question if it's allowed to be included in a Consumer Report because according to NY fair credit reporting laws only a "Criminal conviction" can be included in a Consumer Report

So in NY, the term "DUI" is non-existent

[JudyKayTee]

[QUOTE=getpeaceofmind]ChoicePoint is not a credit reporting agency. They are an information brokerage company and sell public records and credit "HEADER" reports, which are not credit reports at all. A "header" report simply lists a persons social, previous addresses, and date of birth. There is no credit information. And a criminal record will never be on a credit report, however failure to pay a fine can be reported. Could this be what your talking about? Maybe your kids got a warrant.

You should really know what it is you are dealing with. As a private investigator in my state, I would simply just run the Choicepoint report myself... see what's on there, then go down to the court where the file is and review the actual file. If Choicepoint is reporting innaccurate information, dispute it until it is correct. The solution is really very easy, and I know what a DUI is in my state ( A misdemeaner) but what is a DWI? And what's the difference?


Driving while impaired is BAL of .05-.07.

Driving while intoxicated is BAL .08 and over -

In California you as a LPI are allowed to review Court files?

[anguishedmom]

I have appreciated all responses to my questions, whether they were guesses or not. At least those who made guesses did so in the spirit of trying to help. On the other hand, I've done so much guessing myself, I do feel somewhat frustrated when others just guess. I'm way beyond that stage and I have had to make an effort not to feel insulted by it.
If someone comes to my defense and tries to point out the futility of and the implied insult behind by some of the other responses, perhaps it is those response posters who should take note. This is serious business and facts, such as those offered by funyun and a mere few others are critically important. Do keep in mind that people come here out of desperation, not boredom.

[excon]

Hello mom:

I gave you the facts as I knew them. I don't know everything. If you wanted that kind of advice, you should have paid a lawyer.



excon

[JudyKayTee]

I have appreciated all responses to my questions, whether they were guesses or not. At least those who made guesses did so in the spirit of trying to help. On the other hand, I've done so much guessing myself, I do feel somewhat frustrated when others just guess. I'm way beyond that stage and I have had to make an effort not to feel insulted by it.
If someone comes to my defense and tries to point out the futility of and the implied insult behind by some of the other responses, perhaps it is those response posters who should take note. This is serious business and facts, such as those offered by funyun and a mere few others are critically important. Do keep in mind that people come here out of desperation, not boredom.

Convicted felons do their time and get on with their lives all the time - with the exception of your son and I don't even recall if it's a felony conviction. Apparently you believe the World is out to get him and don't want to hear anything to the contrary. I suspect his attitude is hereditary.

So take the advice of those you have determined to be "experts" - and never mind their education or experience in legal matters or education - and let us know when your son collects his million dollar settlement for the illegal release of information (as suggested by one of the self-proclaimed experts).

If this is so serious and critically important and you are so desperate spend a few dollars and get legal advice and then come back and let us know what the Attorney asks you and what the paid-for legal advice turns out to be.

[Fr_Chuck]

Ok, fingerprint checks, a "fingerprint" check only shows what names you have ever been fingerprinted under, When they check fingerprints ( police) they also run a form of NCIC ( states sometimes have their own names) report. In that report it will show any criminal activities. They can also run a DMV report of motor vechile offenses.
States vary a lot, but in general a DUI or DWI are the same offense just different names in different states.

[ScottGem]

tries to point out the futility of and the implied insult behind by some of the other responses, perhaps it is those response posters who should take note. This is serious business .... Do keep in mind that people come here out of desperation, not boredom.

No one has tried to insult you. Despite the facts that have been posted about how long items can be reported on certain types of reports, the point that some of us have made about how a single youthful indiscretion should not have the effect you claim it has is valid and helpful. I still think the problem is not solely with this item still being on his record. Some of us obviously think that your focusing on this item tarnishing his record is giving him a crutch to support his lack of success. Its becomng a self fulfilling prophecy.

I believe strongly, that, until you face up to that. Even if his record does get expunged, he will still have trouble staying employed.