Infraction popped up during backround check (job offers, employment, felony, application)
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So I’ve been offered the position I applied for and the job is mine pending a backround check and drug test. The drug test I have already passed but during the backround check I received an email alert from the agency conducting my backround check notifying me that an infraction for “open alcohol container” appeared. I was at a beach bar/restaurant over a year ago and walked to the beach with a cup of beer. Cop stopped me and isssued me a ticket. I was not arrested for the offense. I simply paid the fine.
During the application process I was asked if I have ever been convicted of a felony/misdeamenor. I said “no” because I haven’t. An infraction is basically a fine which cover things such as...traffic violations, open alcohol container, urinating in public, etc...
Is it typical for an employer to deny the applicant employment for such a minor offense? I understand that the answer can vary depending on the company and the nature of your job. Has anyone been in or heard of anyone in this predicament?
Just explain it to the background company. Odds are if the "infraction" popped up in the criminal database search, it was either an actual criminal offense or it was missclassified. You can also bolster your case with something from the issuing jurisdiction saying it was only a non criminal infraction. A copy of the statute you were cited for should do.
Now, before yo get anymore upset over this, these things happen all the time. The worst thing you can do about it is waste time trying to think about why and how and what will happen. What you need to do is immediately send back a response explaining the facts. Until you open your mouth and set the facts straight, they have what they have.
Just tell them, I was at a beach side restaurant, walked out onto the beach with my drink and got a ticket.
How they handle it is completely unknown. I would hope they wouldn't care, but so many companies today expect people to be perfect that you just never know now.
If they don't want to hire you over this, you dodged a bullet. This would just be the tip of the iceberg.
A fine for such a thing is not a misdemeanor conviction in a trial setting.
Ask yourself...If a company is so petty as to deny you employment for carrying a beer onto a beach, is that company a place where you really want to work?
So I’ve been offered the position I applied for and the job is mine pending a backround check and drug test. The drug test I have already passed but during the backround check I received an email alert from the agency conducting my backround check notifying me that an infraction for “open alcohol container” appeared. I was at a beach bar/restaurant over a year ago and walked to the beach with a cup of beer. Cop stopped me and isssued me a ticket. I was not arrested for the offense. I simply paid the fine.
During the application process I was asked if I have ever been convicted of a felony/misdeamenor. I said “no” because I haven’t. An infraction is basically a fine which cover things such as...traffic violations, open alcohol container, urinating in public, etc...
Is it typical for an employer to deny the applicant employment for such a minor offense? I understand that the answer can vary depending on the company and the nature of your job. Has anyone been in or heard of anyone in this predicament?
Your answer was truthful and proper. A felony is any offense punishable by 1 or more years in prison and/or a fine of $1,000 or more. Misdemeanors are punishable up to 1 year in prison and/or a fine of less than $1,000.
Traffic violations and other such infractions typically are neither, although some traffic violations are actually misdemeanors, like reckless driving/operation in many States is punishable up to 6 months in jail and fines of $500 or more (but not more than $1,000).
If there's stiff competition for a job, an employer might use that as an excuse to eliminate you...or not...your potential employer might ask you about it....or not.
Your question is pretty much akin to asking people what their favorite color is. It all depends upon who is the HR Director, and who else is involved in the hiring process, like immediate supervisors and department heads.
I know people who have received DUIs and fully disclosed it and received multiple job offers at different times throughout their careers. I can't imagine this would be held against you unless the job was something in child care or a place that simply could not accept anyone with any infractions.
I think what would count against you is to have TWO such offenses, as it could tell a pattern of poor choices/behavior.
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