How screwed am I?

[Voltron87]

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If you've only been charged and haven't been convicted, I'm pretty sure that your employer has no right to find out about charges brought against you without a conviction (that whole pesky little "innocent until proven guilty" thing).

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This doesn't sound true at all.

[PoBoy321]

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If you've only been charged and haven't been convicted, I'm pretty sure that your employer has no right to find out about charges brought against you without a conviction (that whole pesky little "innocent until proven guilty" thing).

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This doesn't sound true at all.

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What? People get wrongly charged with crimes all the time. Those charges are dropped and they move on and since they haven't been convicted of the crime it means that in the eyes of the law they didn't do it and I don't see why an employer would have any right to that information (especially when it isn't even admissable in a court of law).

[Autocratic]

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If you've only been charged and haven't been convicted, I'm pretty sure that your employer has no right to find out about charges brought against you without a conviction (that whole pesky little "innocent until proven guilty" thing).

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This doesn't sound true at all.

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What? People get wrongly charged with crimes all the time. Those charges are dropped and they move on and since they haven't been convicted of the crime it means that in the eyes of the law they didn't do it and I don't see why an employer would have any right to that information (especially when it isn't even admissable in a court of law).

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He should apply hoping to get rejected - with a good lawyer, he could make a living off a lawsuit for it.

[Jdanz]

nah that's wrong, being charged is public record, even if the gov doesn't have to tell you, it's public information and a private background check will turn it up.

you can have it expunged if it's dismissed or if you are convicted and file some stuff, but as it stands, public record.

[PoBoy321]

I stand corrected.

[tonypaladino]

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nah that's wrong, being charged is public record, even if the gov doesn't have to tell you, it's public information and a private background check will turn it up.

you can have it expunged if it's dismissed or if you are convicted and file some stuff, but as it stands, public record.

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It doesn't matter if its public information. Employers are not allowed to make employment decisions based on arrests or indictments.

[cokehead]

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nah that's wrong, being charged is public record, even if the gov doesn't have to tell you, it's public information and a private background check will turn it up.

you can have it expunged if it's dismissed or if you are convicted and file some stuff, but as it stands, public record.

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It doesn't matter if its public information. Employers are not allowed to make employment decisions based on arrests or indictments.

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says who? employers can and do this.

I hate to say it, but a federal indictment will show up on most basic background checks.

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nah that's wrong, being charged is public record, even if the gov doesn't have to tell you, it's public information and a private background check will turn it up.

you can have it expunged if it's dismissed or if you are convicted and file some stuff, but as it stands, public record.

[/ QUOTE ]

It doesn't matter if its public information. Employers are not allowed to make employment decisions based on arrests or indictments.

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says who? employers can and do this.

I hate to say it, but a federal indictment will show up on most basic background checks.

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You are hosed. Go check out the questions on the Form U4, which is a standard form to become a registered rep/stockbroker. Form 4

Employers absolutely have the right to ask you questions such as whether you have ever been the subject of a criminal investigation, indictment, etc., and frankly they should, particularly if the job enjoys a position of trust.

Im sorry to be a dick, but in my experience, anybody who gets a federal indictment slapped on them is pretty damned guilty. Unless you're in some podunk district where the prosecutors are horrible, chances are it was a righteous indictment.

You really need to be worrying less about the job prospect, and more about making sure that you either get a cooperation deal, or a serious legal defense (in the unlikely event you happen to be innocent). The Sentencing Guidelines are a bitch, and you could well be incarcerated for a long long time if found guilty.

[Bulldog]

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Im sorry to be a dick, but in my experience, anybody who gets a federal indictment slapped on them is pretty damned guilty.

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Here's the exit. You are no longer welcome here.

[tonypaladino]

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nah that's wrong, being charged is public record, even if the gov doesn't have to tell you, it's public information and a private background check will turn it up.

you can have it expunged if it's dismissed or if you are convicted and file some stuff, but as it stands, public record.

[/ QUOTE ]

It doesn't matter if its public information. Employers are not allowed to make employment decisions based on arrests or indictments.

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says who? employers can and do this.


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Says me. I have spent a good deal of the last 5 years studying federal employment law.

Maybe some employers do do this, not everyone follows the rules. If employers are basing hiring decisions on arrests and indictments, then they are setting themselves for a shitload of trouble down the line.

TONY