• We’re currently investigating an issue related to the forum theme and styling that is impacting page layout and visual formatting. The problem has been identified, and we are actively working on a resolution. There is no impact to user data or functionality, this is strictly a front-end display issue. We’ll post an update once the fix has been deployed. Thanks for your patience while we get this sorted.

I was arrested, and my potential employer is doing a background check

Z

zixxer

Diamond Member
About a year ago I was arrested for speeding (long story, I don't care to hear/see the whaaambulance either.. basically I plead to a much much lesser charge - the county probably didn't want to see this go to trial, there were a lot of 'problems' with what happened)

Basically, on the form it simply asks if "you've ever been arrested".. I checked yes, and wrote "(speeding)" beside it, to hopefully alleviate any concerns.


Should I notify the hiring manager/hr manager and give them a brief explanation?
 
Only explain it if they ask for an explanation.
You didnt lie so they cant hold it against you. But volunteering info isnt automatically a great idea.
 
Last I heard, "Have you ever been arrested?" is an illegal job applicant question except for circumstances where the employee would be armed (as in a cop.)

Arrested means nothing... Tried and found guilty means something.
 
Originally posted by: shortylickens
Only explain it if they ask for an explanation.
You didnt lie so they cant hold it against you. But volunteering info isnt automatically a great idea.
Click to expand...

I agree. You didn't lie, so that's good. When asked, be fully honest and cooperate. It's in your best interest, Mr. Anderson.
 
Originally posted by: brxndxn
Last I heard, "Have you ever been arrested?" is an illegal job applicant question except for circumstances where the employee would be armed (as in a cop.)

Arrested means nothing... Tried and found guilty means something.
Click to expand...
What the heck is this "illegal quesion" nonsense? Having been arrested or not is not a "protected class". If an employer wants to not hire you simply because you've been arrested -- regardless of the final adjudication of the case -- they can do so.
 
I had to do the same on a job app. They never asked me about it thru 3 rounds of interviews so I guess it was no big thing. (I got a public intox in college)
 
Originally posted by: tagej
Originally posted by: brxndxn
Last I heard, "Have you ever been arrested?" is an illegal job applicant question except for circumstances where the employee would be armed (as in a cop.)

Arrested means nothing... Tried and found guilty means something.
Click to expand...
What the heck is this "illegal quesion" nonsense? Having been arrested or not is not a "protected class". If an employer wants to not hire you simply because you've been arrested -- regardless of the final adjudication of the case -- they can do so.
Click to expand...

Has to be an American thing, because in Canada, it definitely is illegal to ask this question unless the job requires security clearance or being bonded.
 
Originally posted by: Looney
Originally posted by: tagej
Originally posted by: brxndxn
Last I heard, "Have you ever been arrested?" is an illegal job applicant question except for circumstances where the employee would be armed (as in a cop.)

Arrested means nothing... Tried and found guilty means something.
Click to expand...
What the heck is this "illegal quesion" nonsense? Having been arrested or not is not a "protected class". If an employer wants to not hire you simply because you've been arrested -- regardless of the final adjudication of the case -- they can do so.
Click to expand...

Has to be an American thing, because in Canada, it definitely is illegal to ask this question unless the job requires security clearance or being bonded.
Click to expand...

I think the loophole is "have you ever been convicted of a felony" in which they are aloud to ask. Bro most of the time this is more like a lie detector test. If you straight up said no and they found a smudge there would be much less interest in you filling their position no matter what the charge was. In fact, it doesnt matter what the charge was or what the verdict of your mishap was - not hiring someone for something like that is what makes it illegal. It comes down to you telling the truth on your application; saying no would be you lying to them and they don't have to hire you if you do that.
 
Originally posted by: tagej
Originally posted by: brxndxn
Last I heard, "Have you ever been arrested?" is an illegal job applicant question except for circumstances where the employee would be armed (as in a cop.)

Arrested means nothing... Tried and found guilty means something.
Click to expand...
What the heck is this "illegal quesion" nonsense? Having been arrested or not is not a "protected class". If an employer wants to not hire you simply because you've been arrested -- regardless of the final adjudication of the case -- they can do so.
Click to expand...

Actual being a felony is a protected class
The EEOC has ruled repeatedly that covered employers cannot simply bar felons from consideration, but must show that a conviction-based disqualification is justified by ?business necessity. ? The legal test requires employers to examine the (1) nature and gravity of the offense or offenses, (2) length of time since the conviction or completion of sentence, and (3) nature of the job held or sought. Under this test, employers must consider the job-relatedness of a conviction, the circumstances of the offense, and the number of offenses (EEOC Compliance Manual, § 604 Appendices).
Click to expand...

http://www.cga.ct.gov/2005/rpt/2005-R-0311.htm
 
Yep, in the US they are not legally allowed to ask if you have been arrested, only if you have been convicted - at least according to our HR person who just presented on the topic of what you can and can't ask in an interview.
 
Originally posted by: JDMnAR1
Yep, in the US they are not legally allowed to ask if you have been arrested, only if you have been convicted - at least according to our HR person who just presented on the topic of what you can and can't ask in an interview.
Click to expand...

That's what I was told when I was asked to interview someone. They went through a long line of can not ask because of the law.
This was one of them.
 
what a stupid question. You can get arrested and be cleared of the charges, so why should you have to respond "Yes I've been arrested." That's bullshit.
 
Well, regardless of whether it was a valid arrest or not, the truth is that most employers are going to do a background check on you and that arrest is part of the public record. They will find it. If you write the truth and explain it, you may get the job. If you lie, they'll find out anyhow and you definitely will not get the job.
 
OP was arrested for speeding? Details, please. I've never heard of any one getting arrested for speeding, Ticketed, yes, arrested for other more serious offense while speeding, yes, but not arrested just for speeding.
 
The best response is an honest answer. Those questions are more to check your integrity because they're going to find out everything during a background check anyway. I wouldn't worry too much about it. What they're going to see is what you plead to, not what you were charged with.
 
Originally posted by: Baloo
OP was arrested for speeding? Details, please. I've never heard of any one getting arrested for speeding, Ticketed, yes, arrested for other more serious offense while speeding, yes, but not arrested just for speeding.
Click to expand...

he was speeding home to make sure his SO was doing laundry and that she wouldnt suspect he was with his ex GF
 
yeah, no biggie as others have said. I think your response was correct. Even if they ask you about it now, it won't be an issue. Managers get where they are b/c they're personable people, which means they probably had fun in college, which means there's a legitimate shot they had a D&D or something similar on their record. If the arrest was for theft ro something like that...well, that's completely different.

There's a time & place for everything: it's called college.
 
Have you ever been arrested is an illegal quesiton.
If your company decides to act on it, then you have a case against them.
If they run a background check and say they found the conviction (guilty plea), then you can argue it was a result of the "have you ever been arrested" question which is illegal.

If the company decides to take action against you (termination, etc.), flat out tell them that you think it was as a result of the illegal question. if they still terminate you (or take any action against you), go see a good employment practices lawyer. You will have a very strong case.

The EEOC doesn't like to see this kind of crap.



EDIT: "Have you been convicted of a felony in the past 7 years" is the only question they are able to ask. They can't dismiss you as a candidate based on that consideration alone (however I am sure they can find some excuse based on something else if they want).
 
Originally posted by: Looney
Originally posted by: tagej
Originally posted by: brxndxn
Last I heard, "Have you ever been arrested?" is an illegal job applicant question except for circumstances where the employee would be armed (as in a cop.)

Arrested means nothing... Tried and found guilty means something.
Click to expand...
What the heck is this "illegal quesion" nonsense? Having been arrested or not is not a "protected class". If an employer wants to not hire you simply because you've been arrested -- regardless of the final adjudication of the case -- they can do so.
Click to expand...

Has to be an American thing, because in Canada, it definitely is illegal to ask this question unless the job requires security clearance or being bonded.
Click to expand...

You sure? I was just applying for a job at BB yesterday, on the application it clearly asked "Have you been arrested?" or something along those lines. Also, they made me do a police check for a job at a nursing home way back when...
 
You must log in or register to reply here.

TRENDING THREADS

Back
Top