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Old 06-28-2012, 01:55 PM
 
40 posts, read 129,037 times
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what if they make me do a fingerprint check for a job in CA?
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Old 06-28-2012, 02:16 PM
 
9,796 posts, read 17,022,335 times
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Quote:
Originally Posted by somebodycool View Post
what if they make me do a fingerprint check for a job in CA?

Depends who is doing the investigation and what the job is for. Are you trying to get a job that requires a security clearance? If your background has already been started and you weren't fingerprinted at that time, I think it is safe not to worry about it.
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Old 06-28-2012, 03:27 PM
 
Location: Bay Area, CA
29,038 posts, read 45,076,715 times
Reputation: 20425
Quote:
Originally Posted by somebodycool View Post
what if they make me do a fingerprint check for a job in CA?
I've done fingerprinting for most of my jobs (since I work with children), and I live in California too... again, it has never shown up or stopped me from getting hired. No worries unless, as the others said, you're trying to become a police officer or similar. They're supposed to inform you either way, so I'm sure you would have heard if anything bad showed.
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Old 06-28-2012, 03:36 PM
 
Location: California
4,402 posts, read 11,627,013 times
Reputation: 3129
Quote:
Originally Posted by somebodycool View Post
How do you know the expunged record doesn't show up?

Are you all just assuming this or have first hand knowledge?

I've always been under the impression that it does not erase the file. It shows the charge and then it shows "dismissed or not convicted"... per code XXXXX (whatever the expungement code is in that state).
When you expunge something it is a very involved, surprisingly, legal process that in effect reopens and reresolves the case (this is an over simplification) and anything that may show up on your record then shows (if it even appears which it usually does not) as not convicted. This allows you to say "no" legally to any convictions that have been expunged. It also works because people are arrested and then found not to have committed the crime, etc. So it shows as nothing more than arrested, etc. Although unless it is government or law enforcement, the expunged charge doesn't even appear on the record.

As for how I know. I worked for an attorney in college and filing the legal paperwork to expunge was one of my jobs.
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Old 06-28-2012, 04:02 PM
 
4,919 posts, read 19,886,373 times
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The bottom line is an expunged record is not available to anyone except those involved in a specific law enfocement or security clearence investigation/search. If you apply to a regular employer and they do an official FULL background investigation, it WILL NOT show up. If you apply where a detailed full check is required for special reasons (law enfocement jobs, securtiy clearnce jobs, etc), it WILL show up, but that has nothing to do with the disclosing issue.

Now, if they used an Information or Data broker to peform the background check IT WILL show up. Everything will show up. Technically companies are not supposed to consider anything that isn't offcial, but once the employet has that info in their hands, lets face it, they see it and will use it against you. I would tell anyone with something in the past that may legally and officially be ignored or not disclosable, you still run a big risk that a information or data broker will have it and provide it. What makes it worst is that the employer may never even tell you they used this service to pry deep into your life.
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Old 06-28-2012, 04:20 PM
 
243 posts, read 1,528,097 times
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Quote:
Originally Posted by somebodycool View Post
what if they make me do a fingerprint check for a job in CA?
wont show up, nothing to worry about....
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Old 11-29-2012, 06:04 AM
 
2,138 posts, read 4,794,092 times
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So did you get the job?
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Old 11-29-2012, 09:27 AM
 
2,839 posts, read 4,999,634 times
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Background checks can take weeks, if not months, if it's only been a few days, then don't worry.

BUT if they haven't said to you something like "you have the job pending a background investigation" then they probably aren't even performing a background investigation. Every job I have ever received with a background investigation has sent me something to this effect.
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Old 11-29-2012, 02:48 PM
 
Location: Quincy, Mass. (near Boston)
2,180 posts, read 3,692,023 times
Reputation: 1738
I was denied access to Canada while driving from WA state last month. I was shocked.

I drove into Canada last year from another state, without their going thru my car for 15 minutes while I sat in a room last month. They then spotted a 1992 arrest for disorderly conduct and destruction of property. The destruction was minor, but I still paid $700 for it and fulfilled the probation and counseling. I had a meltdown in a laundromat due to my obsessive compulsive disorder. Still unsure if I now need to answer "yes" if asked on an application if I've ever been arrested. I will ask a lawyer about this at an upcoming free legal clinic. It hasn't been an issue for me since the mid-90s when I last applied for a job or apartment.

Since then, I've driven or flown into Canada several times before the stronger security and passport requirements, and wasn't asked or detained, until last month.

I drive a cab, and they run a CORI check every year without incidence. Either it doesn't appear, or is so old, they never question me. But in the early nineties, this was a fresh arrest -- yet I still passed the CORI.

Surely, Customs and border crossings have more in depth views of one's criminal record?

To be honest, I had a couple of larceny by checks, supposedly over $250, which are felonies in Massachusetts. But I've always passed the CORI and was never arrested or jailed , so forgot about them, believe it or not. Those are disgusting, I realize.

Ironically, I am a very honest cab driver, giving people discounts at times, and would never cheat a customer or steal a fare from a fellow driver, unlike some colleagues -- ever,

I'm embarrassed about the checks because I haven't paid them, probably from eight plus years ago. One was for $50 to a grocery store, but I didn't open all of my mail over the years when I had money problems, so I didn't realize this was following me. When I recently applied to that store for what I thought was a simple request for a replacement courtesy card, they informed me about that bad check. I was startled. I foolishly didn't realize it could follow me!

Shame on me. Then and now.

I'm just not sure what would show on an official employment check vs. an apartment rental application vs. a border crossing.

....

I realize I've rambled but just wanted to alert you guys about potential problems entering another country.
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Old 04-03-2015, 08:53 AM
 
2 posts, read 2,209 times
Reputation: 10
I am in the same boat. I got an offer letter from a large
size publicly listed IT firm. It’s an IT job. I had a dui in 2010. I got it expunged
in 2013. I have been going crazy in my end. I can not explain what I am going
through, not even for a second I cannot stop thinking about what is going to be
the outcome of this.


The company offered me the job is using a background check
agency to run my criminal check they took my SSN. They have reached the county
where I had dui and got the information (I don’t know what’s on it). To my
knowledge the information has been already shared with the company that offered
me the job.


I have done a lot of research and called tons of lawyers,
and the county court criminal clerks in the meanwhile to find out what’s the
information that would show up on the criminal background check run by the
agency relating to an expunged dui.




Interpretation of 80%
of lawyers I reached:
Nothing will show up unless


[FONT=Symbol]
[/FONT]they use finger prints


[FONT=Symbol]
[/FONT]I am applying to a government job


[FONT=Symbol]
[/FONT]I am applying to a school teacher job or job
that involves children


[FONT=Symbol]
[/FONT]For a typical private or publicly listed job it
should not show an expunged record.


[FONT=Symbol]
[/FONT]One lawyer mentioned that if dui is expunged and
its illegal for the background check agency to share the information.


Interpretation of 20%
of lawyers I reached:
is same as what “somebodycool” posted it will show
arrest, conviction and date of expungement (Regardless of type of job and who
is running the background checks and if they use SSN or fingerprints). These
20% of lawyers also mentioned that every lawyer who said nothing will show up is
basically lying so that you buy their services.


Interpretation of
court clerk:
Background will show
arrest, conviction and date of expungement (Regardless of type of job and who
is running the background check or if fingerprint or ssn is used)


My interpretation
based on my research and knowledge from speaking to everyone mentioned above:
State
of North Carolina, Illinois has some passed some sort of law where by they do
not allow expunged records to be disclosed at the time when background check is
run for employment purpose. Apart from that I think background check run
anywhere else for an expunged dui will show date of arrest, conviction, date of
expungement (Stating the case is set aside or dismissed) will display.


Even in my case: The background check form said “do not include
convictions or adjudications that were annulled, sealed, eradicated, expunged, pardoned,
or dismissed. Conviction of a crime is not an absolute bar to employment.
Factors such as the age of offense, evidence of rehabilitation, seriousness of
violation, and job relatedness are considered in all employment decisions.”





Because of the above disclaimer
in the form I checked no all the conviction related questions on the form.





I have a strong feeling
that the company will find or may have already found my arrest, conviction and expungement
information. At this point I really don’t know if the hiring team will look at
this case and understand that dui is the only stain in my 13 years of career.
And it’s over 5 years old now. It’s expunged. Since then I have not had any
ticket at all. And the relatedness of this crime with the IT job I am offered.




Has anyone been in the similar situation and made it through or not?
Does HR call and discuss
thoese things?

If so what can be the
best way to respond to HR to build your case?






Please respond give your
thoughts and share your experience. I hope I get this job.[FONT=Wingdings][FONT=Wingdings][/FONT][/FONT]
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