Criminal Background Check Finding

Against my better judgment, I allowed a manager to offer a job to a candidate before we had performed a criminal background check. This person would be a Case Mgr. in our Homeless Prevention Program working with individuals to prevent them from becoming homeless. Our manager told her verbally that we would be completing a background check and that her employment with us is contingent on her background check meeting our requirements.

The background check came back today, and she was charged with a felony in 1997, receiving stolen property over $300.00. She went through a diversion program, and the charged was dismissed in 1999. However, it stays on her record for 7 seven years so next year it will be taken off her record. There is a question on our application that reads, "Have you ever been convicted of a crime, plead guilty or no contest. She checked "NO". I did talk to the candidate about it, and this is her story.

Her friend was working at a dept. store and asked the candidate to take a bag of clothes to the car. The candidate thought her friend had paid for the items since they were in a bag. Apparently, they were not paid for, and she was charged. The background report indicated there was probable cause that she was guilty. She told me that she learned in a class that when a charge has been dismissed, you can indicate on an application that you have not been convicted of a crime and thought it had been removed from her records.

She is to start work with us on 8/1, and she has already given notice to her current employer.

The question for the group is whether we should hire this person given it happened in 1997? Do you believe she falsified on her application?

Comments

  • 7 Comments sorted by Votes Date Added
  • I think if you are looking for a reason to not hire her, you have one. But, if you want to reason through it, do a serious gut-check, analyze what she said and the credibility of her explanation, remember how you felt about her honesty or lack of it, gage the length of time and the manner of the violation and take a depth check of how you assess her potential value to your organization's goals. Then do what your gut tells you to.




    Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.
  • I agree with Don. If you want to get really technical, your application asks "Have you ever been convicted of a crime, plead guilty or no contest?". A judge may very well have ordered the diversion and subsequent dismissal without a plea. It happens sometimes.

    Also, your comment about "the background report indicated there was probable cause that she was guilty" is pure speculative nonsense and should be dismissed as such. Neither you nor your background check vendors should get in the business of adjudicating cases or making statements such as these from either of your vantage points.

    As Don said, this is a situation where you have to use your gut instinct and dig into the person a little bit.

    Good luck.

    Gene
  • we had an ee with a similar item on his record...17 year old's stupidity...anyway....he was told exactly the same thing...and it never came up in a check until last year...and we've learned that it really shouldn't have come up at all...

    Sometimes, there is something to be said for paying your dues, doing your time and then having the right to move on with your life...the point of punishment, I thought, was to prevent future occurances...but if those that have remedied the wrongs and are trying to start new lives and earn livings, it seems counter-productive to preclude them from ALL gainful employment based upon a single incident (of a relatively minor magnitude). Different business types have different needs and if you think she can be effective in your position...I'd hire her.
  • If the background check indicated the charges were dropped in 1999, I think I would hire her, assuming there are no other issues at hand.
  • If the charge was indeed dismissed, she answered your application question truthfully.
  • I think Don gave some excellent feedback - that said, can you verify her story by contacting someone at the diversion program?

    At this point, all you have is her story, and your gut instincts to rely on. If you have any doubts about the veracity of the story, do some more checking.

    Perhaps she gave the bag of clothes to the friend and it backfired on her?

    I beleive we can atone for our mistakes and it takes someone else to beleive that also for most second chances. You might find this person to have a higher loyalty index than most if you do so.

    And by the way, her current employer did just that.
  • I would agree that she has not been convicted so she is clear on that issue. However, it doesn't sound like you know if she pled guilty or no contest. In my experience, I would say that it is likely that she pled no contest to get the deal she got. You could try getting the background check firm to do more research to find out what she pled. Or you could ask the applicant to provide you with court paperwork which would demonstrate that she did not plea guilty or no contest.
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