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#21
11-11-2005, 01:38 AM
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Re: How screwed am I?
Aren't you going to have lots of court dates and such in the coming months? Don't you think your employer might possibly realize you've been indicted?
Whether you're guilty or innocent, trying to deal with things like this in a straightforward and honest fashion is the way to get out from under it. Tell the prospective employer, in however a circumspect way you'd like, what's going on. My $.02 
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#22
11-11-2005, 01:45 AM
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Re: How screwed am I?
Is the background check by a private agency? They might not even find the arrest.
I was recently background checked by the FBI as part of my job, and um.... let's just say the interviewer told me, "You might be able to hide things from the state of California, but you ain't hiding nothing from the FBI." She then said that she didn't see any problems with my youthful indescretions as far as passing the check went. [img]/images/graemlins/grin.gif[/img]
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#23
11-11-2005, 01:55 AM
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Re: How screwed am I?
[ QUOTE ]
[ QUOTE ] [ QUOTE ] 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. [/ QUOTE ] says who? employers can and do this. I hate to say it, but a federal indictment will show up on most basic background checks. [/ QUOTE ] 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.
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#24
11-11-2005, 01:59 AM
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Re: How screwed am I?
[ QUOTE ]
[ QUOTE ] [ QUOTE ] 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. [/ QUOTE ] says who? employers can and do this. [/ QUOTE ] 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
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#25
11-11-2005, 02:15 AM
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Re: How screwed am I?
[ QUOTE ]
[ QUOTE ] [ QUOTE ] [ QUOTE ] 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. [/ QUOTE ] says who? employers can and do this. [/ QUOTE ] 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 [/ QUOTE ] I'm sure it depends on the state. One example: I know in Virginia (my home state) if you are arrested and charged with a DUI, it goes on your record regardless of if you are convicted. Reason being that if you get a halfway competent attorney, you can usually delay your case for at least a year, sometimes more. And if the courts get too backed up, these delayed cases are often quietly dismissed. It doesn't matter if you aren't convicted, for the next seven years it will say on your record that you were arrested and charged for DUI. Your potential employers can use this info however they like.
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#26
11-11-2005, 02:20 AM
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Re: How screwed am I?
[ QUOTE ]
I'm sure it depends on the state. [/ QUOTE ] Regardless of whether or not you can find out about indictments (which I'm still confident you can't, legally), it wouldn't vary from state to state, it would be a federal legal doctrine.
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#27
11-11-2005, 02:21 AM
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Re: How screwed am I?
[ QUOTE ]
[ QUOTE ] [ QUOTE ] [ QUOTE ] 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. [/ QUOTE ] says who? employers can and do this. [/ QUOTE ] 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 [/ QUOTE ] They will find out, and just find some other official reason to reject him. No trouble for them.
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#28
11-11-2005, 02:26 AM
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Re: How screwed am I?
[ QUOTE ]
[ QUOTE ] I'm sure it depends on the state. [/ QUOTE ] Regardless of whether or not you can find out about indictments (which I'm still confident you can't, legally), it wouldn't vary from state to state, it would be a federal legal doctrine. [/ QUOTE ] this certainly isn't what I learned about the constitution in grade school. States are absolutely free to enact laws governing employment. I'm not a lawyer but I'm basically positive there is no federal law that prohibits an employer from: - asking you if you've ever been arrested. - requiring you to release your public records as a precondition for employment, if these request is reasonable with respect to the job you are applying for. various states may have laws preventing or restricting one or both above, for all I know.
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#30
11-11-2005, 03:05 AM
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Re: How screwed am I?
I'll post something relevant here.
I got hired into a Loss Prevention job with a background check at a major retailer while I had a pending state felony case for grand theft; I had been arrested and charged, but the case was still in the courts. This didn't show up on a background check and I got the job. I worked here while going through court and had to request days off semi-regularly; let's just say I had a lot of dentist appointments those few months. I left before the case was resolved for other reasons, so I'm not sure how having this job while pleading guilty would have gone over, but I get the feeling they wouldn't have been wise to it at all. An agency that licenses you may check these things regularly thought, and federal drug offenses usually result in prison, so I'd be more worried about that at the current moment.
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