Assault charge, new job...

[VNV]

Hey guys,

So I'm super excited about this job offer I just got. It's way more money than I know what to do with, and I'm just amazed that they brought me on board. They called today to make me an offer and I accepted. I'm suppose to start in two weeks, and in the meantime, their Corporate office is running a background/"screening" check before I start.

Now, last December, I got charged with 4th degree assault, which is a misdemeanor. The charges were bullshit and I didn't get a conviction, but they left the case open for a year and will be expunging it this December.

I didn't think that it would show up on a background check because it's an open case--not a conviction, but when I moved into my latest apartment, the manager said it came up and asked me about the incident. So now I'm scared shitless that the company I'm about to work for is going to find this charge and rescind their offer.

Any thoughts? Any advice? Do you think they'll give me an opportunity to explain myself? Ugh, I just can't believe I have to worry about this.

 

[BOOMSHAKER]

VNV, I am not sure wich way this is gonna go for you. BUT if push comes to shove your job looks like they really want you. Sit down (if it does come up)with them and be open about it. Tell them it was nothing and it is all just a bad misunderstanding. blah blah blah. As long as your open about it they may think it's also nothing too and still hire you. But don't try to hide it if it does pop up! (trust me i am speaking on experience here first hand) 17 years on my job cause I didn't lie!

 

[oldfella]

I agree with boom here. Just tell them the truth. It is not a conviction so just make sure that is clear. Just like a speeding fine! But be open and up front.

 

[thebrick]

Be honest if comes up and hope for the best. And in the future.... don't put yourself in the position of facing a "bullshit" assault charge again or.... it may do a first degree assault on your future job prospects

 

[hwood]

I work in a corporate environment. I have worked for some of the largest Fortune 50 corporations in the world.

If a misdemeanor or a felony comes up they will look back at your application. When you filled out your application they did ask you if you have ever been convicted of a misdemeanor or a felony. You either checked yes or no. I assume you checked no as you haven't been convicted.

This is a grey area. I would in the future check neither box (y or n) and simply explain honestly and humbly what happened, what you learned from the experience, and how you would never ever let yourself get in that situation again. Just be honest and disclose everything - people in general are good and very forgiving. Just be forthright and honest from day one and you won't ever have to worry about this again. We live in an age where every municipality, state, and increasing all county;s databases are linked. You can't hide anything.

I hope I'm wrong but I'm afraid you may not get this job depending on what you disclosed in the application. Live, learn, grow, my friend.

Cheers, --H

 

[hwood]

PS - just a thought. Get an attorney to push thru the expungement. If he tells the judge or DA that this is costing you job opportunities and effecting you livlihood and ability to support your family. The problem is that many of the databases out there that do background checks don't necessarily update their information real time. The next time you apply for a job - I'm still hoping you get this one - try to find out which background agency they use and go ahead and run the employment background check yourself. Then you'll know for sure which box to check - yes, no, or neither with an explanation.

The judicial systems is set up to punish and make sure people learn their lesson. Most will let you off the hook if you ask, are remorseful, and keep yourself clean.

Fingers crossed for you bro. I had a DUI once (blew a mild .10 and was actually driving my drunk ass boss home from co. event) and it haunted me for 2 years thru trying to find a new job. I had a wife that didn't work and 3 kids under the age of 8. I know the stress this kinda of shit cause.

 

[thebrick]

PS - just a thought. Get an attorney to push thru the expungement. If he tells the judge or DA that this is costing you job opportunities and effecting you livlihood and ability to support your family. The problem is that many of the databases out there that do background checks don't necessarily update their information real time. The next time you apply for a job - I'm still hoping you get this one - try to find out which background agency they use and go ahead and run the employment background check yourself. Then you'll know for sure which box to check - yes, no, or neither with an explanation.

The judicial systems is set up to punish and make sure people learn their lesson. Most will let you off the hook if you ask, are remorseful, and keep yourself clean.

Fingers crossed for you bro. I had a DUI once (blew a mild .10 and was actually driving my drunk ass boss home from co. event) and it haunted me for 2 years thru trying to find a new job. I had a wife that didn't work and 3 kids under the age of 8. I know the stress this kinda of shit cause.

very good idea there... I gotta say that as a businessman if someone came to my company wanting a job with an assault charge on their record, guilty or not, I probably would not hire that person. The workplace is too competitive and nobody wants even a remote possibility of violence in the workplace.

 

[VNV]

I was suppose to start the job tomorrow. They called this morning and told me they had to withdrawal their offerbecause I falsified the job application. The application asked if I had been CONVICTED of anything, which I have not, and the corporate HR lady said I should have listed the case anyway, so I falsified the application and they cannot hire liars.

Now I have no job (my last day at my old was was Friday), have no interviews, and am basically completely F'ed. I've got bills and rent to pay, and even if I could go back to my old job, it's $30K/year less than this one I was suppose to start tomorrow.

 

[Amazon Doll]

This blows

 

[VNV]

This blows

Something else funny: my ex-girlfriend who left me because she hated dating a BBer, is now dating another BBer who looks like he runs juice year-around at dosages I never touched while on cycle.

 

[oldfella]

Sorry to hear this VNV. Keep your head up bro. You sound like a good man and something good is going to happen............soon!!

 

[OuchThatHurts]

What do you mean left the case open? Were the charges dropped? Are they still investigating? I'm no legal eagle but what I can't understand is why that wouldn't be some sort of discrimination. If the application asks if you've ever been convicted of felony and you never have, you HAVE TO answer "No"! I've never seen an application ask if you've ever been convicted of a misdemeanor. That doesn't mean they don't though. But this whole story is pretty appalling if you were never even convicted of a MISDEMEANOR and are now being denied employment for the simple reason that you failed to mention that YOU WEREN'T CONVICTED OF A CRIME!

Leaving it blank or answering yes implies that you have been convicted.

If the question reads "Have you ever been charged with or convicted of a misdemeanor or felony?" well then you're screwed but it would have to read both "charged" and "misdemeanor".

At least I sure hope so!!! Otherwise I'd be calling Johnny Cochran. Wait, he's dead. Calling somebody then!

 

[VNV]

Sorry to hear this VNV. Keep your head up bro. You sound like a good man and something good is going to happen............soon!!

Thanks for the kind words, oldfella.

I'm going to call my old employer and see if they'll take me back. Then, after the court records have updated in Dec., I'll start looking again. At least now I have an idea of what the market can afford to pay me.

It's just so embarrassing. Everyone I know was so excited for me. I was gonna have my own private office with a bay view, stock options, a signing bonus, etc. Now that's all gone, and all I can do is get back up to bat.

 

[VNV]

What do you mean left the case open? Were the charges dropped? Are they still investigating? I'm no legal eagle but what I can't understand is why that wouldn't be some sort of discrimination. If the application asks if you've ever been convicted of felony and you never have, you HAVE TO answer "No"! I've never seen an application ask if you've ever been convicted of a misdemeanor. That doesn't mean they don't though. But this whole story is pretty appalling if you were never even convicted of a MISDEMEANOR and are now being denied employment for the simple reason that you failed to mention that YOU WEREN'T CONVICTED OF A CRIME!

Leaving it blank or answering yes implies that you have been convicted.

If the question reads "Have you ever been charged with or convicted of a misdemeanor or felony?" well then you're screwed but it would have to read both "charged" and "misdemeanor".

At least I sure hope so!!! Otherwise I'd be calling Johnny Cochran. Wait, he's dead. Calling somebody then!

Funny, isn't it? If I had marked that I had been convicted like she suggested, THEN I would have been falsifying my application. Indeed, I called my public defender a couple days ago and he told me it appears as "open" until Decemeber when the prosecutor will drop the charge. (The case was silly so the prosecutor agreed to leave it open for six months, then dismiss it if I didn't "get into any trouble" before Dec.) This reminds me how the upper class has more rights in this country than others. If I had a lawyer that I had paid for to take the assault case in the first place, it would have been dismissed a long time ago.

 

[thebrick]

damn...

sorry to hear this news. It sux.

 

[OuchThatHurts]

Funny, isn't it? If I had marked that I had been convicted like she suggested, THEN I would have been falsifying my application. Indeed, I called my public defender a couple days ago and he told me it appears as "open" until Decemeber when the prosecutor will drop the charge. (The case was silly so the prosecutor agreed to leave it open for six months, then dismiss it if I didn't "get into any trouble" before Dec.) This reminds me how the upper class has more rights in this country than others. If I had a lawyer that I had paid for to take the assault case in the first place, it would have been dismissed a long time ago.

I've heard much crazy stories in my life and it almost always comes back to the person claiming they were wrongfully persecuted but in your case man, I have to say...

You were screwed over.