Another background check question: (New York, York: felony, live, legal)

[Goldchemist]

I've searched everywhere but cannot really find a thread 100% related to my situation. Lots of similar ones though. Here goes.

I applied for a job. Filled out the application. Answered ALL questions truthfully.

Have you ever been convicted of a felony? No.

Had two interviews with them.

Okay, so now I've received an offer letter. I'm giving authorization to run the background check. In 2002 I was given a summons to appear in court in Colorado for misdemeanor possession of marijuana. I did not go to court. 3 years later I was pulled over for overdue registration on my car and they saw that I had not taken care of the summons from 3 years earlier. I was arrested. Paid a fine. And all is taken care of.

Now, I've moved back to NY, since 2006. 11 years ago. Should I tell the employer "I have a misdemeanor from 15 years ago that may show up on my background check."?

They did not ask me if I had ever been arrested or convicted of any crime. They may not even check the Colorado records or may not even do a national search because for the past 11 years I've lived in NY.

So I'm not lying. I'm leaning towards just telling them though. Even though I don't need to. I guess since there is even the slightest chance they do see it I should just tell them to get it over with.

What do you think I should do?

And if companies want to know why don't they just add a question like: have you ever been convicted of a misdemeanor?

Thanks in advance for any advice.

[jburress]

You're screwed.
or
You'll be fine.

[Goldchemist]

That's great advice. And that coming from a senior member? I came to this site to get away from craigslist and get some real advice. Instead I get this.

Thanks.

[987ABC]

Your post is hard to follow, so it may be difficult for some to provide advice. Is the order of events this:
1) You filled out an application, and answered "no" to a question asking about felony convictions;
2) You interviewed twice;
3) You received a conditional job offer;
4) You were asked to, and did, authorize a background check.

If this is the case, my advice would be to not disclose, but be prepared to be forthright about the matter if you are asked about it. But you need to be sure that the application only asked about felonies, and that you were not convicted of a felony in Colorado. Regarding this, you should obtain a "certificated of disposition" (note that this is a New York term - Colorado may call it something different) from the Court in Colorado. Just call them and ask. You may have to pay a small fee for it. This will tell you what, if anything, you were convicted of. In general, its foolish to apply for a job without having such document for each and every criminal matter filed against you. Going on memory, especially when you are not a lawyer, can lead to unwanted results.

[Goldchemist]

Hello,

Thank you so much. You are correct on the order of events. I apologize for the confusion. I am sure that the application only asked about felonies so I am sure that I have been honest so far. I also contacted Colorado and received my full record report which lists the misdemeanors with all details. I have all my paperwork in order and I am ultra prepared for everything.

Thank you very much for your advice. That is actually the route I will take. No reason for me to say anything. They didn't specifically ask. Plus, I have all my documentation in line so if they do, I can just explain and show them everything.

Thanks again. That's the type of advice I hoped to get here. I hope I can help someone else out in the future.

[987ABC]

Originally Posted by Goldchemist

Hello,

Thank you so much. You are correct on the order of events. I apologize for the confusion. I am sure that the application only asked about felonies so I am sure that I have been honest so far. I also contacted Colorado and received my full record report which lists the misdemeanors with all details. I have all my paperwork in order and I am ultra prepared for everything.

Thank you very much for your advice. That is actually the route I will take. No reason for me to say anything. They didn't specifically ask. Plus, I have all my documentation in line so if they do, I can just explain and show them everything.

Thanks again. That's the type of advice I hoped to get here. I hope I can help someone else out in the future.

You were convicted of multiple misdemeanor offenses? That is not what you said in your original post. Depending on what they were or how many, that may change what I advised.

[Goldchemist]

You are right. The others were driving with out of state ID and overdue registration. I am not concerned as much with those as they are traffic violations. So I'm still going with my plan of letting it ride. Also, I now have another offer of which the background check is being conducted by a recruiter in which case I told him my concerns and he said not to worry. he is taking care of the details and passing me. At least that is what he told me. We shall see.

Thanks again for the good feedback. Now I am glad I cam here.

[ABQConvict]

Originally Posted by Goldchemist

That's great advice. And that coming from a senior member? I came to this site to get away from craigslist and get some real advice. Instead I get this.

Thanks.

His reply was a way of saying that your legal status, as can be determined by a background check, and the reaction to it by any potential employer is unknowable, thus any advice given to you is based on pure speculation.

That said, the post to which you replied was indeed unnecessarily flippant. At the next Annual Convocation of Senior Members we will be having a word with him.