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background · Jan 30, 2009, 07:45 PM

I was arrested about a year ago on a felony charge, and have not went to court, will this show up on a background check from a future employer?

Do arrest before you go to court or only convictions show up on a background check?

The felony was a possession charge. I was in a bad place in my life and have sense then stayed away from all of that. It was a wake up call. Has anybody run a standard background check. It is for a job where there is no security clearance. Thanks for those that have responded.

This does help. I'm waiting daily for the call saying I'm good to come in or we found something. Also, is there a law saying that they have to fire me, or take back the offer and any laws where if the report shows the arrest, that it shouldn't of been released since innocent until proven guilty.

I was arrested about a year ago for a felony possession and wanted to know if the arrest would show up on their background check since I have not been to court.I've been told different things.hope someone can clarify for me. Im off all of it now and been doing great.

Can a arrest that is pending trial show up on a employers background check? Also, is there any laws about releasing that information since the innocent until proven guilty thing?Thanks in advance for your help.

ScottGem · Jan 30, 2009, 07:51 PM

On a standard check only convictions show

twinkiedooter · Jan 30, 2009, 08:04 PM

It may not show up depending on what kind of a background check they do.

But I have one question for you. How do you intend keeping a conviction a secret from a new employer or having to take time off from work to go to Court for hearings?

If you are put on probation, how do you plan on keeping that a secret if you have to report once a month to a PO? You may also have to serve some time in jail and then maybe probation. How do plan on keeping that a secret?

What kind of felony was this?

Clough · Jan 31, 2009, 01:14 AM

Hi, background!

In addition to twikiedooter's very fine answer above, I would like to add that if you're eventually convicted, that it's normal for probation or a parole officer to contact your place of employment to verify that you do indeed work there.

You'll look better to potential employers if you're up-front about anything concerning a crime, even if you haven't gone to court yet, but that it's pending for that to happen.

Thanks!

rogueviper2000 · Jan 31, 2009, 01:28 AM

OK I know I won't be liked for this answer because it isn't going to be PC... but here goes... coming from a former police officer... it may show up on your background check in different ways... depends on on the crime... it can show up on your credit check... or even as a case in progress... you can find all this out on your own by asking for it credit checks you can get online... and criminal checks you can get at your local sheriffs office... as far as the PO questions... yes they can call to confirm employeent... but they can not say why... and they can make the appointments easy for you too... they have lives too... and keeping their people employeed helps them... you can't pay those fees if you don't have a job... hope this helps...

ScottGem · Jan 31, 2009, 05:29 PM

No there is no law saying they have to fire you. But if lied on an application that is usually grounds for termination.

The nature of the job will determine how thorough the check.

Fr_Chuck · Jan 31, 2009, 05:42 PM

There are dozens of "types" of background checks

A standard one done though though the police will only show convictions. But many companies use private companies who often use other public records, computer searches and more. And they often find arrests even if not convicted.

So there is no way to tell what they will or won't find.

Companies are free to use or not use any of this info.
If you lied on the application you are more likely to lose your job.

JudyKayTee · Jan 31, 2009, 06:04 PM

Depending on who does the check and the depth of the check, yes, arrests do appear.

More and more employers I deal with ask "Have you ever been arrested?" as opposed to "Have you ever been convicted" for this reason.

Fr_Chuck · Jan 31, 2009, 06:24 PM

Do you even read the answers,

Do you even read the rules

Will you stop starting new threads with the same question over and over.

I have merged them, which sadly confuses some of the answers.

I will delete future posts that are merely the same question over and over.

background · Jan 31, 2009, 08:50 PM

Sorry.no I have not read the rules being that I am a new member. I figured if I put the question on different categories, I would get more responses. I did not know that was not allowed here. Just trying to get some different points of views on this. Sorry about that, just worried about this, and appreciate the quick responses.

JudyKayTee · Feb 1, 2009, 06:54 AM

Here's where the rules are: Ask Me Help Desk - FAQ

ScottGem · Feb 1, 2009, 07:57 AM

Originally Posted by background

sorry.no i have not read the rules being that i am a new member. i figured if i put the question on different categories, i would get more responses. i did not know that was not allowed here. Just trying to get some different points of views on this. Sorry about that, just worried about this, and appreciate the quick responses.

Most of the experts here click on the Answer link at the top to see all questions newly asked or with recent activity. That's because many of us have knowledge in a variety of areas. So, but posting in different threads you split up the responses and we don't get to see what other people have responded. That's why we prefer the question be asked ONCE in an appropriate forum.

And being a new member is not an excuse for not reading the rules. Whenever I start using another site like this, I browse around a bit and see how the site is used before I start asking or answering questions. Its simply getting the "lay of the land".

background · Feb 2, 2009, 05:05 PM

I was wondering if anybody knew about the Georgia Law about having a job, and then a background check showing an arrest. In some states, there are laws where this is not allowed. I just wanted to know if anybody knows about Georgia or any other state.

JudyKayTee · Feb 3, 2009, 10:17 AM

Originally Posted by background

I was wondering if anybody knew about the Georgia Law about having a job, and then a background check showing an arrest. In some states, there are laws where this is not allowed. i just wanted to know if anybody knows about Georgia or any other state.

What is your question? Whether you can be hired, have a negative background check and be terminated, whether background checks are allowed in general?

I know of no law in any State - and I actually do background checks. You continue to post that you know the law and what you post has no background info and doesn't appear to be the law.

It's pretty much employment at will - you can be terminated if someone doesn't like the color of your socks.

If you are a Union member I have never seen a "hire" before the background check came back. I have seen "conditional hires" if the background is clean. Likewise the Union contract covers information uncovered during a background check. Employment contracts are similar.

What State are you aware of that doesn't allow background checks or doesn't allow a person to be terminated if the background check is not clean - particularly because people lie all the time and "hope" that their criminal background won't be exposed.

You've been asked not to continue opening new threads with the same question - I have asked that this be combined with one of your other threads.

Fr_Chuck · Feb 3, 2009, 11:04 AM

In Georgia you can be fired at any time for any reason ( not protected) or even fired for no reason, the boss can come though and just fire every third person or anyone wearing green if they wanted to.

I don't know anywhere that you can't be fired for negative things on a background check, if you did not disclose it,

Emland · Feb 3, 2009, 11:05 AM

If you were asked prior to employment about your background and failed to disclose the arrest then that is cause for dismissal and you would not be eligible for unemployment benefits.

background · Feb 3, 2009, 12:48 PM

*** edited FC** and I'm asking about a specific Georgia law question. And the state that does do that might be Maryland, I looked around when checking on this, and there are a few states that have this law. There is a such thing as the eeoc and the fcra that regulate these laws.

Fr_Chuck · Feb 3, 2009, 12:55 PM

Sorry no eeoc is not a enforcement agency and fcra has nothing to do with criminal background.

And the problem many of us have, you have no respect for the rules, and when asked not to open new threads continued to anyway.

And I do have the ability to revoke your membership and if you do not start acting better it will happen.

JudyKayTee · Feb 3, 2009, 01:39 PM

Originally Posted by background

*** edited FC** and im asking about a specific georgia law question. And the state that does do that might be maryland, i looked around when checking on this, and there are a few states that have this law. there is a such thing as the eeoc and the fcra that regulate these laws.

You may wish to post the section of the EEOC and the FCRA that cover this - I'm familiar with both and have never seen these sections.

background · Feb 3, 2009, 03:25 PM

Judaykay.im asking a question here, not trying to answer one. I can find that information though for you