Have you ever been arrested - on an employment application

Discussion in 'Legal Issues' started by F1 for Help, Aug 30, 2004.

  1. F1 for Help

    F1 for Help New Member

    Never convicted but arrested for possession of pot. How do I deal with that question when looking for work? One company I interviewed with does government work and definitely does a criminal background check.

    What is your experience and what is the law on this?

  2. His Highness

    His Highness New Member

    My experience tells me . . . never work for the man!

  3. JTP

    JTP Seasoned Activist

    Need more specifics. Were you ever convicted of anything? Misdemeanor etc? If not, were the charges dropped, dismissed, what?
  4. HappyMan

    HappyMan Subscriber

    Lying on a application is grounds for dismissal.........and civil liabilty.
  5. JTP

    JTP Seasoned Activist

    It comes down to whether or not it would actually BE a lie. Some applications are in actual violation of certain fair employment acts in the way they go about asking some of their questions.
  6. Cassius

    Cassius Seasoned Activist

    Most employment applications ask if you have ever been CONVICTED of a felony or misdemeanor.

    If it asks if you have ever been arrested, I too would question whether they have the right to that information.
  7. VicFerrari

    VicFerrari New Member

    arrested in the last 7 years

    Yeah, some of the applications ask, "Have you been convicted of a felony in the past seven years?"
    So, when filling it out, make sure (the HR rep is watching you) that you read the question aloud, and then start counting back from seven. Use your fingers while counting back, "2004, 2003...", etc.
    Then, smile, and boldly exclaim , "Nope! Not in the past seven..."
    Observe the face of the HR rep.

    Jokes aside, answer truthfully (unless you don't mind getting fired, and they will find out eventually). Keep in mind, you could lie and get away with it, but many big companies frequently poll background records, and if you lied, it's hasta la vista.
    The two questions usually posed are as follows(the second question is regulated by some states, so depending on where you work, you might not see it):

    Have you been convicted of a felony (or a misdemeanor involving violent or fraudulent conduct)? If yes, please state the location, the date, and the crime(s) for which you were convicted. (Note: A conviction will not necessarily disqualify an applicant from employment.)

    Have you ever been arrested for any criminal violation for which you are currently out on bail, out on your own recognizance or otherwise on release pending trial? If yes, explain.
  8. SinsemilaStreet

    SinsemilaStreet New Member

    Either Tell The Truth Or Find Another Employer

    Most companies these days (much to my distain for their lack of democracy) are turning to drug tests, background checks, and 'credit/character checks'.

    You may have potentially three big hurdles to cross when getting employment at any major corporation willing to pay you what you are worth.

    The Drug Test: This is usually your first hurdle. Depending on the company it can be an easily passed piss test or a 'you're screwed' blood test or hair test. The best advice is to simply stop. Give yourself at least two weeks to a month for marijuana for a piss test and up to three months for a hair test. It can cost the employer usually between $30-50 dollars for piss test and as much as a few hundred for hair tests.

    The Criminal Background Check:This is becoming increasingly popular and common for employers to do even for low-wage jobs like fast food or convienance stores. Many times it can be done online for around 20-30 bucks by the employer themselves although they can third-party companies do it. Some don't do it but have you sign paperwork to think they may do it and others are very forthcoming about it and WILL do it. There is no sense lying because having a criminal background check will not always bar you from employment. However, if you are guilty of some sort of fianancial fraud I wouldn't try to gain employment at a bank or other cash-handling job or if you are a former chomo I wouldn't try to work at a daycare. Be logical about your employment opportunities.

    The Credit Check:This is the one I hate the most. The criminal background check I can understand especially for financial employers. But for a corporation to know whether you have had a bankruptcy, a bad marriage, that you do or don't pay child support, whether you own or rent, or how many credit cards you have or have maxed out I don't really feel is their damn business. But then on the other hand you aren't forced to apply either. Still it is just sad since I know from a long, drawn-out divorce that left me financially messed up for a while that it can make getting some jobs nearly impossible because they think you have bad character. Some companies put a lot of weight on this some do not. Some, like the background check above don't even run one through, just make you think they do or might when filling out the application.

    It is good to find out which of the three they do, if any and if they do, what type, as well as the bearing it has on your chances of employment.
  9. drdoug99

    drdoug99 New Member

    I think these damn "checks" are crazy....I am currently looking for work, and while I have never been arrested or anything, and can pass any background check or drug check they want, it's just a waste of time....I just want to work so I can pay my bills and be productive, but you have to jump through hoops just to get some lame $6.50/hr job :redhot: :redhot: which was my last job, which i don't even have anymore :rolleyes:

    but anyway, most, if not all job applications I have filled out, expressly say, CONVICTED of a FELONY, so dont worry about your speeding tickets or small stuff like that. :)
  10. weedfiend

    weedfiend New Member

    Why dont you just get a job that is pro pot? I wish I could find one of those. I'd work for a seed company or something. Smoke all day and collect seeds of the most beautiful plant in the world.

  11. Closet Pigs

    Closet Pigs New Member

    I think you answered your own question.
  12. kissthesky

    kissthesky New Member

    Jobs are hard enough to find, you can't be choosy. On the plus side, the baby boom generation are retiring which will soon leave the economy with more jobs that people, so you will be able to be choosy in the future. :)
  13. Higher Logic

    Higher Logic Web Developar

    ...and sucking up all the social security :p
  14. Buzzby

    Buzzby Buddhist Curmudgeon

    I was arrested in 1970 for pot possession and pled guilty to misdemeanor possession in 1971. After I finished probation I applied to have my record expunged, after which I could honestly state on a job application that I'd never been arrested or convicted. As far as the state was concerned it never happened and a records check would reveal nothing. It was never a problem. Until this year, anyway.

    This year I applied for a concealed handgun license and was rejected because of my 1971 misdemeanor conviction. This is despite the fact that the same "crime" today isn't even a misdemeanor anymore. If I was caught with the same amount of pot today it would be a max $100 fine and a civil citation that produces no record. I immediately applied for a concealed handgun license in Florida, which grants out-of-state licenses which are honored in my state. Florida doesn't care about misdemeanor drug convictions more than three years old.

    It looks like most of the jobs will be performed by people in India and China or by Mexican immigrants. The Prez talks about "re-educatng people for the jobs of the 21st Century". Before I became disabled I was a consulting systems analyst. Pretty high tech, no? A year after I became disabled my company went out of business because people were employing long-distance systems analysts from India who were overjoyed to be making one third my salary. I don't know what kinds of jobs are safe from outsourcing. There's always the food service industry (flipping burgers) and sanitation engineering (collecting garbage).

    I became disabled in 1999. In 2000 most of my hard-earned retirement investments disappeared when the stock market tanked. By the time Social Security kicked in two years later I was living on rice, spaghetti, and potatoes and had spent almost all my savings. If it weren't for Social Security I'd be living in a cardboard box under a bridge. We were well on the way to fixing Social Security when the current president decided that it would be a nice gift for his rich buddies if he tripled the national debt. Don't take it out on us boomers. We paid into this national insurance program and we deserve to collect our benefits. It's up to you younger adults to elect governments that apportion public funds more equitably. I've been trying to do that for the last 34 years. Social Security can be fixed. It'll take the national will to do so. The Republicans love tax cuts because they benefit the wealthy and induce the rest of us to think we'll be better off with a few extra dollars in our pockets. It doesn't take a genius to figure out that the government can't perform its functions without funding and that deficit funding is a black hole.

    While you're at it, try and elect governments that don't want to turn the United States into a Christian Right theocracy. See Theocracy Watch. If Bush's sponsors get their way, pot smokers, homosexuals, and adulterers would all be executed and the Constitution would be replaced by Biblical Law.

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