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Criminal Record To Be Expunged!

Discussion in 'Employment & Jobs' started by Professor-Falken, Feb 18, 2008.

  1. Professor-Falken

    Professor-Falken Kilobyte Poster

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    Well as it stands my record will show I was arrested but not convicted of a a battery on a elderly felony.
    It will show a "withhold adjudication" of guilt or delinquency.Will employers still want to hire me will they look down on me. What do you think I have never been in a situation like this before.

    Thank you,

    Professor Falken
     
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  2. UCHEEKYMONKEY
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    UCHEEKYMONKEY R.I.P - gone but never forgotten. Gold Member

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    I think that depends on the person who is giving the interview and the situation. If you have to work in NHS, Police, Schools or anywhere where there's children it might be against you. It's difficult to say??:blink
     
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  3. MrNerdy

    MrNerdy Megabyte Poster

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    If your in the UK it may be found out under a CRB check which most companies now do.
    If it's in the US of A then it could be if it's not counted as spent ie: so long ago.
     
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  4. UCHEEKYMONKEY
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    UCHEEKYMONKEY R.I.P - gone but never forgotten. Gold Member

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    I agree with Mr Nerdy there in the uk CRB checks are done. One of the IT guy's that used to work here also had a criminal record and had been inside prison. At his interview the manager asked if he had any pending convictions or any convictions in the last 2 years. Which he stated no!

    For some reason they did not wait for his CRB to come back before employing him in the IT Dept.:dry

    After 8 months he was signed up for permanent contract and again was asked to fill in another CRB form. While they where waiting for this, one of the software developers caught him downloading illeagal software at work and burning the discs. They were going to give him a warning, when the Head of HR stated they had just recieved his CRB form back with 9 A4 pages of convictions/offences.

    Some of them were a long time ago 4 years, but he did not declare this in his interview when he applied for full time contract. Then again if he hadn't been caught downloading illeagal software. Then the management would of taken a different view of things. 8)
     
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  5. BosonMichael
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    BosonMichael Yottabyte Poster

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    If they check, it might or might not be a problem. If they don't check, it won't be a problem.

    Simple as that. No need to overanalyze it... what's done is done. Make the most of the cards you dealt yourself.
     
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  6. Rob1234

    Rob1234 Megabyte Poster

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    If you can't do the time don't do the crime.
     
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  7. tripwire45
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    tripwire45 Zettabyte Poster

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    I think we established from your previous thread on this matter that being arrested is one thing and being convicted is another. If the job ap asks if you've every been convicted, you can honestly answer "no". If they check and ask about it, you can tell them that you weren't convicted. Being arrested for something doesn't actually mean you committed the crime.
     
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  8. Mitzs
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    Mitzs Ducktape Goddess

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    He said he didn't do it and while everyone always says this, some are actually telling the truth. I am willing to give him the benafit of the doubt. We are not his judge and jury. We are not here to pass sentance but to help if we can.
     
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  9. Rob1234

    Rob1234 Megabyte Poster

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    Yeah I know ask anyone in prison they are all innocent and were set-up. I know I am not here to pass a sentence because if I was I would hand down a harsh one as I think battery on the elderly is a pretty low and scummy thing for a person to do.

    I do not know much about the legal system in the US it's just when he said about a "withhold adjudication" of guilt or delinquency it just sounded like one of those ways criminals use to get out of going to jail.
     
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  10. Mitzs
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    Mitzs Ducktape Goddess

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    Mike, I goggled "withhold adjudication" of guilt or delinquency" and on thelaw.com it says that you are not convictied but still found guilty of the crime.

    So by those standards is he still required to put it down on the app if he was not convited? I"m just not sure of that.
     
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  11. Bluerinse
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    Bluerinse Exabyte Poster

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    That depends on the question Mitzs.. if the question asks, which i doubt.. were you found guilty of any crimes in the past x years? The answer would be yes. However, the question would certainly be, were you *convicted* of any crimes, in the past x years? The answer to that is clearly *no*.

    It looks like an intentionally crafted loophole.
     
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  12. Phoenix
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    Phoenix 53656e696f7220 4d6f64

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    That sounds very much like the UK caution system
    a caution can only be granted if you admit guilt, thus you are admitting the crime
    however a caution is not a criminal conviction

    if you are asked if you have a criminal record, you have to answer yes,
    if you are asked if you have any convictions, you can answer no

    the US also does not really have an equiv to the rehabilitation of offenders act requiring that crimes become spent over time, thus in most instances crimes will always show up

    I dont think it will hamper your chances of getting a job, just be honest at the interviews, and if your really worried then voluntarily declare it, it shows far better character than just hoping they dont find out
     
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  13. BosonMichael
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    BosonMichael Yottabyte Poster

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    I'm not here to either pass sentence OR to give him the benefit of the doubt. Doesn't matter to me whether he did it or not. I'm here to simply tell him that it'll matter only to some of the employers who bother to take the time to check his record.
     
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  14. BosonMichael
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    BosonMichael Yottabyte Poster

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    Whatever they ask, he should be truthful about.

    If they ask if he has been convicted of a felony, then if he has not been convicted of a felony, he should put "No" and leave it at that.

    If they ask him if he's ever been arrested, then if he has been arrested, he should put "Yes", and describe the circumstances, if required by the employer.

    In any case, you should be truthful with them, regardless of what questions they ask you. If you're truthful with them, and they check your record, then they can't come back at you and say that you falsified your application. That's a sure fire way to lose a job... and it's even worse if they find out AFTER you've been employed with them. So in all things, just be truthful. Answer what they ask, and answer truthfully.

    I'm no lawyer - I can only speak to the truthfulness he should provide on his applications. He should ask his lawyer what he should say on an application that asks him has he ever been arrested, convicted of a crime, or convicted of a felony. His lawyer will be MUCH more likely to provide proper guidance than any of us could hope to give him.
     
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  15. Professor-Falken

    Professor-Falken Kilobyte Poster

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    Thanks Tripewire45 I really needed to hear that this morning. I am applying and will let you know what happens.

    Thanks again,

    Professor Falken
     
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  16. wizard

    wizard Petabyte Poster

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    Good luck 8)
     
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  17. Past-IT

    Past-IT New Member

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    Talking of criminal records, do any of you know if i need to disclose a binding order ( bound over to keep the peace)from 7 years ago, something stupid really but i've never disclosed it before, maybe i've been lucky but now i find myself wondering if i should disclose it, thanks in advance. :D
     
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  18. greenbrucelee
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    greenbrucelee Zettabyte Poster

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    I doubt it, but I don't know the law in spain
     
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  19. Modey

    Modey Terabyte Poster

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    Hey Prof, if it doesn't go well ... can I hire you to beat someone up here at work? Only kidding mate. :)
     
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  20. Unemployed Diogenes

    Unemployed Diogenes Nibble Poster

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    Friend of mine was one month in jail 2 years ago for try to kill someone in a fight.
    Now he gets recently his first IT job as desktop support technician.

    But this is Belgium, I don't know how it is in other country's.
     
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