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I am a 51 year old professional woman. I used to work for a fortune 500 company for 15 years. I lost that job because my position, which is a mainframe cobol programmer and production support analyst, was outsourced and sent to Malaysia. I then got another job equivalent to the one I had through a temp agency. I worked at that company for 5 years and was hired as a permanent employee. I had my wallet stolen in 2008 and it had my check book, and my social security card it in. As a result of my wallet being stolen, I closed my checking account and cancel all my credit cards, etc. Well, what I didn't do was check to see if I had any checks that I had written that hadn't cleared. Well in 2011, I went to renew my driver's license, and I get pulled to the side by the state trooper and was told I had a warrant for my arrest. He took me to the police station. I was booked and told that I had a theft by check - it was written to Brookshire's for $54.93. I completely forgot about it. I was put into a holding cell and made to stay in jail for 4 days. As a result, I lost my job because when I got my free phone call, all my coworkers and managers were not in the office, and honestly, I didn't know any of the numbers for they are speed dial numbers on my phone. I wasn't able to get my phone. I was able to get a phone book and look up the number to my job, but I wasn't able to get through because the collect calls are not taken by the switch board. So I lost my job for not showing up for 3 days and not calling. I asked and begged them to let me get another free call but they refused. So when I saw the judge on the 4th day, I just plead guilty to get out, and got time served. I see now that was a critical mistake and now I have this conviction on my record - a class b misdemeanor labled theft by check. I have been out of work because of it. I made $38/hr on my job and have not been able to work in my field because of that damned conviction. And lawyers say that I cannot get it erased or expunged or anything. The only chance I have is a pardon. But I just had an interview and job offer from Fujitsu. I wanted that job so bad. I had hope because the application asked if I had felonies and I didn't so I answered "no". I asked a couple people and they said that since they only ask about felonies, that is all they are concerned with. But my offer was rescinded because of the theft by check conviction. Can they legally rescind an offer because of a misdemeanor if they only ask about felonies on the application?
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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It doesn't matter what they ask on the application, if you agree to a background check they can refuse to hire you for anything they find out about that they don't like. That particular conviction, despite being a misdemeanor is likely to turn off any employer, and even non-profits that do background checks if you want to do volunteer work. We denied someone being on the board of a youth soccer club because of that same conviction.
It is so unfair. I hate that this is causing potential employers to place judgement on me. I guess the wording, "Theft by Check" does sound awful. I wish it could be re-worded based on the situation. Everyone that has a check that bounced did not write the check with the intent on it not be honored when the recipient deposited it. I feel it should be on a case by case basis. I would understand if I was applying for a job like accounts payable where I would have access to company checkbooks, or anything of that natture. But customer support and programming position and working with end users? It is just a shame and very depressing that I can't get this conviction expundged like other crimes. And this wasn't a violent crime. I understand it is serious to a certain extent, but I paid my dues, paid for it with my job, why keep me from making a good living like I used to?
Pleading guilty was a big mistake. But I have a felony which makes jobs getting tougher for me. I guess I lose 20% of the jobs I come across because of my felony. 3 times I was walked straight out the door during an interview once they learned I have a felony. And they won't believe any excuse or have any sympathy on why you got your conviction; they believe that you're just lying to make it look like a harmless crime or so.
And I applied to the IL Gov for a pardon of my felony. I sent in all the paperwork Nov 2010 and 3 years later I've heard nothing. I worry that they lost my paperwork or else the IL Gov stinks and is not working on felony pardons. I totally hated Blagjovich when I learned that he ignored felony pardons and expungements, and now he a big felon too.
Your best bet is if they find about your record you tell them the truth of what happened.
In your state, is there anyway to get it expunged off your record? I don't know anything about legal stuff so I don't know if what I'm saying is really relevant, but I knew tons of people in college who got caught drinking underage or smoking weed or other misdemeanors, and pretty much everyone I think got it expunged off their record.
I can definitely sympathize. I had my identity stolen after my wallet had been stolen and had a DUI on my record I didn't know about. I went through one background check while it was on my record and luckily I passed. I found out about the DUI five years after it happened because the DMV would not renew my license. I sent my fingerprints to the jail where the guy who took my identity had stayed and got it removed from my record. I'm kind of worried about any future background checks because I don't know what this guy has been up to.
Thanks for all the posts. I just refuse to believe that this will stop me from earning a living. I wish I knew who to write to or who to contact about maybe getting the wording of the "crime" changed to fit the situation. I did see where some people say that I can't get it expunged because it is a conviction. I was just being honest and just plead guilty and I thought that getting time served "fixed" it and didn't really understand that it was going to be on my record. It's not like I am a career criminal and knew all that stuff. At my age I don't have much time to fool with this. I need to be a productive member of society again. I don't want to be on unemployment and food stamps when I have all this talent going to waste. I keep getting phone calls and am afraid of getting turned down again. I was in the door and this came up. I guess I wish I knew that they would look for misdemeanors if they only ask about felonies. Now I know. I just have to keep pushing and praying I guess.
Was the offer made conditional upon the return of the background check? What is your job? Is handling money an essential part of the job? You do have rights under the FCRA (Fair Credit Reporting Act), especially if they took adverse action against you based on something in your background or credit history.
Did they specifically say that they rescinded the offer based on your background check? Again, what sort of position were you offered, and what was the exact terminology on the application? At work, we ask "have you ever been convicted of a crime?", and that covers all, though we only take action on felonies, as we work within DOT grounds.
As part of an employer, I hate to suggest discrimination, but your age and protected group status does give you some grounds for filing upon these discrimination charges for being a protected class. What state are you/is the job located at?
As part of an employer, I hate to suggest discrimination, but your age and protected group status does give you some grounds for filing upon these discrimination charges for being a protected class. What state are you/is the job located at?
Nothing the OP mentioned has anything to do with age discrimination. Are you suggesting the OP make a false charge? How would that be proven?
The OP was interviewed and given a conditional offer. Where was the age discrimination?
OP, I'm sorry you're having problems. I find it hard that you random confessed to a crime or that you used your "one call" to call work instead of calling family or friends who could have called your employer (and a lawyer) for you.
I think in the future, you will have to write out an explanation on the application when they ask about prior offenses. Unfortunately, your chances are going to be limited as an employer will question your judgment based on confessing to a crime you didn't commit.
I'm an optimist and I think you'll be able to get a "lower level" position somewhere and may have to work our way up again within the company.
Lesson: keep a list of written phone numbers in your wallet at all times in case you get arrested. Memorize a few numbers.
Last edited by charlygal; 11-28-2013 at 01:50 PM..
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