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Do you know if this is difficult to do if she lives in a different state than where the misdemeanor took place?
Depends on the state. In PA a conviction can't be expunged.
I would have your friend use a lawyer referral service where the crime occurred. Ask for a criminal attorney. They will know if it is possible. If it is then she will most likely have to hire an attorney to get it done because no body is going to to teach her how to do an expungement over the phone.
As you sign the papers giving them permission to run the background check, there is an option to "disclose" anything that might come up. I am surprised it wasn't told to her verbally as well but it should be noted on that paper at least. And even if it wasn't on there, she should have said, "When you run this background check, you will see "this" incident. Here is what happened" She shouldn't have to hope it doesn't come up and not disclose it. Lesson learned.
I think the non disclosure is what got her offer revoked especially in the light of her job not having to do with anything financial.
Intersting to see that most people seem to agree that continuing to pay for theft crimes is reasonable. As I, and another person in this thread mentioned, even if the person has turned things around, there is still reason to think they are the type of person to steal. I want to be able to leave my purse in my desk drawer at work and go to the bathroom, come back, and have it be as I left it.
Not saying that everyone with theft in their past will steal again, but I am saying it is reasonable to believe that they MAY...fool me once shame on you, fool me twice shame on me works in this situation...
Again, speaking in general: stealing $300 in merchandise from a store is rarely a 1st time crime.
to be fair, the OP didn't say she stole $300 worth of merchandise - they said she was convicted of petty theft, which is defined as stealing less than $300 worth of merchandise. so it could have been $15.
i don't think a misdemeanor theft conviction is nothing, but one incident followed by 8 years of clean record is not such a big deal.
That's great, seriously. But do you also empathize with employers and future co-workers?
[I'm talking in general here, not just this particular situation.]
One of my pet peeves is that people often think they're modeling compassion when they show empathy for criminals without showing equivalent empathy for victims. And we're all victims of retail theft.
Again, speaking in general: stealing $300 in merchandise from a store is rarely a 1st time crime. Ask any experienced store detective; people start with stealing a $15 t-shirt, and take a number of crimes before they get caught with $300+. Stealing is an issue of bad character, basic dishonesty. We're not talking about a starving person stealing bread.
I don't want to hand my credit card and social security number to a convicted thief at my doctor's office. I don't want to work with convicted thieves and risk my personal belongings. I don't want to hire thieves and risk my business. Do you empathize with my concerns and show me compassion as well?
I'm not trying to come down on you here, but I'd like you (and others reading this) to also show as much concern for people who don't steal. Lots of people play by the rules and their legitimate concerns should come first.
Just sayin'
I think stealing is despicable. Honestly, if it were one of my friends who stole something from me, I'd likely never talk to them again.
This specific case is regarding someone's ability to earn a living. You are making a big assumption about this woman based on what she stole. First off, I believe the OP mentioned that the item she stole was under $300. We don't even know what it was she stole. That does not excuse the behavior, however, it is an important detail that should be noted. This woman has one (official) strike against her from this theft that occurred almost a decade ago. I think she should be judged on what we do know rather than what we don't know. If this is continual occurrence with her, then she needs to go to jail and be rehabilitated if possible. But that again is based on an assumption that we don't know for sure.
I believe in 2nd chances. I'll give this woman the benefit of the doubt since she only has one offense and it happened nearly a decade ago. She should at least be allowed to earn a living and put food on the table. If she continues to steal, then she will make her living behind bars like the rest of our repeat offenders.
I think stealing is despicable. Honestly, if it were one of my friends who stole something from me, I'd likely never talk to them again.
This specific case is regarding someone's ability to earn a living. You are making a big assumption about this woman based on what she stole. First off, I believe the OP mentioned that the item she stole was under $300. We don't even know what it was she stole. That does not excuse the behavior, however, it is an important detail that should be noted. This woman has one (official) strike against her from this theft that occurred almost a decade ago. I think she should be judged on what we do know rather than what we don't know. If this is continual occurrence with her, then she needs to go to jail and be rehabilitated if possible. But that again is based on an assumption that we don't know for sure.
I believe in 2nd chances. I'll give this woman the benefit of the doubt since she only has one offense and it happened nearly a decade ago. She should at least be allowed to earn a living and put food on the table. If she continues to steal, then she will make her living behind bars like the rest of our repeat offenders.
I too believe in second chances IF she was up front about it. She should have disclosed it voluntarily upon finding out a background check was going to be conducted. She had to sign a paper approving that background check and that's when she should have mentioned it. In fact when I worked HR, if the applicants disclosed it, we often went ahead and hired them based on their honesty. (and that it wasn't a serious offence)
I too believe in second chances IF she was up front about it. She should have disclosed it voluntarily upon finding out a background check was going to be conducted. She had to sign a paper approving that background check and that's when she should have mentioned it. In fact when I worked HR, if the applicants disclosed it, we often went ahead and hired them based on their honesty. (and that it wasn't a serious offence)
Was she asked if she had any prior criminal records during this process, and if so, did she lie about it? That would certainly change my perception about her getting this job. She should definitely disclose this information if it is asked for. Otherwise, she's lying on her application and I don't approve of that either.
And what kind of company runs a background check AFTER proposing an offer?
Almost every company. It gets hairy (legally speaking) if you run a background check before an offer. Your friend was most definitely told the offer was contingent on successfully passing a criminal background check. She should have been up front with them about that when they said that.
Was she asked if she had any prior criminal records during this process, and if so, did she lie about it? That would certainly change my perception about her getting this job. She should definitely disclose this information if it is asked for. Otherwise, she's lying on her application and I don't approve of that either.
Even if she wasn't verbally asked, upon signing that document approving a background search she should have disclosed it. As the OP posted in the thread, she was asked if she had a felony. It's on her to disclose it fully and not be shady/coy because the "right" question wasn't asked.
Even if she wasn't verbally asked, upon signing that document approving a background search she should have disclosed it. As the OP posted in the thread, she was asked if she had a felony. It's on her to disclose it fully and not be shady/coy because the "right" question wasn't asked.
There's nothing shady about answering do you have a felony, with the truth. I mean a misdemeanor is not a felony and there is not a subtle difference and obviously the author of a question knew that before they asked it. If the employer was going to disqualify her for a misdemeanor then they should have made that clear on the application. It's a shame that such stupidity will put this person in the situation.
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I don't want to work with convicted thieves and risk my personal belongings. I don't want to hire thieves and risk my business. Do you empathize with my concerns and show me compassion as well? 