Question Of Deferred Prosecution More Than 10 Years Old

Topic 17557 | Page 1

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Brian E.'s Comment
member avatar

I understand the law says that if it was dismissed it cannot be used for hiring decisions.

Rick S.'s Comment
member avatar

Deferred prosecution for WHAT?

A lot of "hiring decisions laws" very from state to state.

If we're talking a DUI - we're talking the TRUCKING INDUSTRY and FEDERAL REGULATIONS.

So what ARE we talking about?

If you were arrested for something, and fingerprinted - it IS GOING TO SHOW on a BG check - because your prints went up to NCIC.

I had a felony that was withheld, dismissed and sealed - back in '91. It STILL SHOWS on some BG checks. Border Patrol wanted to see the paperwork for it, when I tried to get my F.A.S.T. card this year. Nevermind that I hold a TWCI, HazMat , CWP, have since had various FFL's, etc.

Please be a little more specific, and we can make some more enlightened suggestions.

Rick

HAZMAT:

Hazardous Materials

Explosive, flammable, poisonous or otherwise potentially dangerous cargo. Large amounts of especially hazardous cargo are required to be placarded under HAZMAT regulations

DUI:

Driving Under the Influence

Brian E.'s Comment
member avatar

Breaking and entering.

I was able to get my California Real Estate Licence which is live Scan with FBI and do finger prints. They did not show?

Deferred prosecution for WHAT?

A lot of "hiring decisions laws" very from state to state.

If we're talking a DUI - we're talking the TRUCKING INDUSTRY and FEDERAL REGULATIONS.

So what ARE we talking about?

If you were arrested for something, and fingerprinted - it IS GOING TO SHOW on a BG check - because your prints went up to NCIC.

I had a felony that was withheld, dismissed and sealed - back in '91. It STILL SHOWS on some BG checks. Border Patrol wanted to see the paperwork for it, when I tried to get my F.A.S.T. card this year. Nevermind that I hold a TWCI, HazMat , CWP, have since had various FFL's, etc.

Please be a little more specific, and we can make some more enlightened suggestions.

Rick

HAZMAT:

Hazardous Materials

Explosive, flammable, poisonous or otherwise potentially dangerous cargo. Large amounts of especially hazardous cargo are required to be placarded under HAZMAT regulations

DUI:

Driving Under the Influence

Rick S.'s Comment
member avatar

You should be OK.

Answer SPECIFICALLY ONLY WHAT IS ASKED FOR.

If the application says FELONY CONVICTIONS and you have none - then leave it BLANK. If it asks for Felony ARRESTS - disclose.

If you still have the PAPERWORK from the incident (the final disposition), BRING IT WITH - that way if it does pop and you are asked about it:

A - it wasn't a CONVICTION B - here's the paperwork that explains it.

Older than 10 years, and no conviction or jail/prison time - you should be good to go.

Cali is really weird about some stuff. Have a buddy in OR, that got arrested for manslaughter in CA when he was a teen - like almost 40 years ago. Dismissed - never prosecuted. Took Cali the better part of a year to clear him for a firearm purchase in OR.

Find your paperwork IF YOU CAN, or get a copy IF YOU CAN - just to CYA.

Rick

Old School's Comment
member avatar

Brian, forgive my confusion here but I wanted to try and clear this up for you. It seems to me you are asking about two different things, and like I said I could be confused on what it is you are wanting to know.

In the title line of your post you mentioned deferred prosecution, but I am assuming you are referring to what is usually called deferred adjudication, which doesn't result in a conviction, provided you meet all the requirements of the probationary period. What people forget about is that there is also a record of the arrest for the initial charge, and that record does not go away. So even if you were never convicted, and you served out your probationary period satisfactorily, a person who knows how to do a decent background check can find out about it due to the arrest record.

But then in your actual post you refer to something being dismissed, and your misconception that it cannot be used in hiring decisions. As a former employer I can assure you that we will, and can, use just about anything we want in a hiring decision. But you may not be fully aware of what all we used in that decision making process. I cannot stress to you how many orientations that I have been to where people get sent home due to the fact that they had something expunged from their records and they mistakenly thought that the trucking company either wouldn't be able to discover it, or wouldn't be able to use it in their decision making process. When it comes to background checks, an employer can find out just about anything they want. It all depends on how much money one is willing to spend on it, and I can assure you that they will be very thorough in their search.

What I want to stress to you is that if there are some questionable skeletons in your closet that could possibly come up and bite you in the back side, then you definitely should be up front and tell about them on any applications where they are asking for background issues. The best way to deal with these things, whether you were convicted or not, is to show that you are willing to face up to them and can provide a reasonable explanation for what happened. Do not count on it not being discovered in the background search. More than likely it will be, and as far as most of these trucking companies are concerned they consider your not disclosing it to be a greater offense than your actual committal of any criminal activity.

Brian E.'s Comment
member avatar

I just wanted to clarify. I don't want to be sent home from orientation at Prime. I will amend my application. I already got the invite.

Brian, forgive my confusion here but I wanted to try and clear this up for you. It seems to me you are asking about two different things, and like I said I could be confused on what it is you are wanting to know.

In the title line of your post you mentioned deferred prosecution, but I am assuming you are referring to what is usually called deferred adjudication, which doesn't result in a conviction, provided you meet all the requirements of the probationary period. What people forget about is that there is also a record of the arrest for the initial charge, and that record does not go away. So even if you were never convicted, and you served out your probationary period satisfactorily, a person who knows how to do a decent background check can find out about it due to the arrest record.

But then in your actual post you refer to something being dismissed, and your misconception that it cannot be used in hiring decisions. As a former employer I can assure you that we will, and can, use just about anything we want in a hiring decision. But you may not be fully aware of what all we used in that decision making process. I cannot stress to you how many orientations that I have been to where people get sent home due to the fact that they had something expunged from their records and they mistakenly thought that the trucking company either wouldn't be able to discover it, or wouldn't be able to use it in their decision making process. When it comes to background checks, an employer can find out just about anything they want. It all depends on how much money one is willing to spend on it, and I can assure you that they will be very thorough in their search.

What I want to stress to you is that if there are some questionable skeletons in your closet that could possibly come up and bite you in the back side, then you definitely should be up front and tell about them on any applications where they are asking for background issues. The best way to deal with these things, whether you were convicted or not, is to show that you are willing to face up to them and can provide a reasonable explanation for what happened. Do not count on it not being discovered in the background search. More than likely it will be, and as far as most of these trucking companies are concerned they consider your not disclosing it to be a greater offense than your actual committal of any criminal activity.

Brian E.'s Comment
member avatar

So I will disclose to my recruiter

I just wanted to clarify. I don't want to be sent home from orientation at Prime. I will amend my application. I already got the invite.

double-quotes-start.png

Brian, forgive my confusion here but I wanted to try and clear this up for you. It seems to me you are asking about two different things, and like I said I could be confused on what it is you are wanting to know.

In the title line of your post you mentioned deferred prosecution, but I am assuming you are referring to what is usually called deferred adjudication, which doesn't result in a conviction, provided you meet all the requirements of the probationary period. What people forget about is that there is also a record of the arrest for the initial charge, and that record does not go away. So even if you were never convicted, and you served out your probationary period satisfactorily, a person who knows how to do a decent background check can find out about it due to the arrest record.

But then in your actual post you refer to something being dismissed, and your misconception that it cannot be used in hiring decisions. As a former employer I can assure you that we will, and can, use just about anything we want in a hiring decision. But you may not be fully aware of what all we used in that decision making process. I cannot stress to you how many orientations that I have been to where people get sent home due to the fact that they had something expunged from their records and they mistakenly thought that the trucking company either wouldn't be able to discover it, or wouldn't be able to use it in their decision making process. When it comes to background checks, an employer can find out just about anything they want. It all depends on how much money one is willing to spend on it, and I can assure you that they will be very thorough in their search.

What I want to stress to you is that if there are some questionable skeletons in your closet that could possibly come up and bite you in the back side, then you definitely should be up front and tell about them on any applications where they are asking for background issues. The best way to deal with these things, whether you were convicted or not, is to show that you are willing to face up to them and can provide a reasonable explanation for what happened. Do not count on it not being discovered in the background search. More than likely it will be, and as far as most of these trucking companies are concerned they consider your not disclosing it to be a greater offense than your actual committal of any criminal activity.

double-quotes-end.png
Old School's Comment
member avatar

I think that is the best approach. If they want to know more about it they can ask you. Chances are, due to the age of the offense, you may never hear another thing about it.

Brian E.'s Comment
member avatar

Scenario #2: Non-convictions over seven years The consumer has a non-conviction that is over seven years from the disposition date. Under the FCRA, the record cannot be included on the background report.

I think that is the best approach. If they want to know more about it they can ask you. Chances are, due to the age of the offense, you may never hear another thing about it.

Rainy 's Comment
member avatar

I'm at prime and they found a complaint from my schizophrenic sister that wasn't even an arrest, but accused me of lying. I was a federal employee for 18 years with my fingerprints filed with the FBI for employment records.

I didn't disclose cause I never even thought of the complaint. Once I explained they shrugged. They wanted to see if I'd lie....is what undetermined.

In orientation the head of security will come to class and say "if there is anything in your past we will find it. So come see me now if you think there could be an issue. It will help not hurt you".

They seem to be more concerned about lying, sneakiness, and trust than stupid mistakes we made when young. But deny something expecting it to not show up and you will get sent home. I've seen it.

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