Criminal Record- Advive PLEASE!

Hi guys,

I have a interview with one of the biggest companies in the world. I have looked at their recruitment process and they do background checks. I have drug related criminal from about 7 years ago. I have not had any job prior to this where they do background checks.

I have of course changed my life around during these years and I have gained alot of certs and experience and I am currently the network lead for the company I work for now.

I obviously have the skill set and talent that is way I have been shortlisted for the vacancy with this company, but do you think my criminal record will prevent me from getting the role in your experience? Also when are background checks done? After the interview process? If I do get offered the role who will my know about my criminal record within this company? Because I really don't wan't people judging me from my past.

Many thanks guys

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Comments

gorebrush

Just don't lie about it - if you try and cover it up then that is much worse than the actual crime you committed.

blargoe

I wouldn't sweat it too much. You'll probably be asked about it, just be honest about it.

WiseWun

Often times, a criminal background check is done before the offer letter or during the on boarding process. I would advise you not to leave your current job until you are cleared.

paul78

@OP - assuming that you live in the US, the first and foremost advice as already offered is to be honest and upfront about the criminal record. If a background check is conducted, your criminal record will likely be discovered depending on the state and type of background check that is conducted.

In the US, it is illegal for hiring companies to discriminate against job applicants with criminal records if the crime has no bearing on the job being performed. At some point, I hope that someone will test some of the newer rules in the Supreme Court (if not already done). New guidance was actually issued by the EEOC (Equal Employment Opportunity Commission) last year that states that employers CANNOT use blanket policies to exclude the hiring of an applicant.

According to the EEOC - "If the employer does not show that such an exclusion is “job related and consistent with business necessity” for the position in question, the exclusion is unlawful under Title VII."

Title VII is in reference to the Civil Rights Act of 1964.

So, if you are told that you cannot be hired simply because you have a criminal record, the employer may be breaking the law in the US.

There will be some industries that will continue to have higher standards of hiring because of their risk management programs - for example - health care, financial services, or anything related to interaction with minors. But even so, the EEOC guidance prescribes that each applicant must be evaluated in an individual basis.

I am actually quite glad to finally see this type of guidance in the US. As a risk and infosec manager, I am often at odds with my HR peers on some of the policies which they have enacted which have no proportional response to risk to the business. And are often based on fear instead of actual evidence and fact.

I wish you good luck in your job search. And I hope to read that you got the job!

pinkydapimp

good advice above. Also, i believe after a certain amount of time you can get your criminal record expunged(removed). You may want to look into that.

phalx

Good advice above. One thing that should be noted is that most minor crimes (even some low-level felonies) can be either expunged (as mentioned above), or set aside, depending on what state you are in. This process typically takes 2-3 months to complete though, so it would do you little good in this situation. Also, a couple caveats: First, all law-enforcement agencies/federal agencies will typically be able to retrieve your old record, even after it has been set aside. Second, depending on what background service the employer uses, the conviction may still appear. Many of the background check companies use outdated information in their systems. That being said, the background check is usually done after you have been selected for hire. I would be honest and explain the situation when they have you sign the background check waiver. Be proactive and bring it up first, it will not seem like as big of a deal this way.

W Stewart

I'd say if your record has been spotless since then, you shouldn't be in too bad shape. Good credit wouldn't hurt either. You may run into the occasional situation where the past will come back to haunt you but that's just life. For the most part, I'd say you should be able to get an IT job that requires a background check just as long as you're honest.

oli356

I got offered my job, received the contract and then the background check procedure happened as far as I remember.

pinkydapimp

For my current job they did a background check. this was done after the job offer was made.

Everyone

Background checks typically don't go back further than 7 years. So if it has been OVER 7 years, it probably won't even come up.

In addition to what paul78 said, it may also depend on the severity of the charge on your record. Some positions/industries may have no tolerance, some may tolerate a misdemeanor, etc.

the_Grinch

I was in law enforcement and have performed some background checks so I should be able to help. First, be honest. If you fail to disclose it and they find out it will be worse then it needs to be. Second, as others have said, most employment background checks don't go beyond five years. Some employers only check the surrounding areas (such as one job I had only checked with three counties near them so if something happened out of state they didn't know).

As others have said it does depend on the industry some let things slide, others cannot. Without knowing the severity of the charge I can't shed too much more light on it. But if you were around 18 to 20 at the time, just a kid being dumb you should be fine. Having nothing on your record 7 years later shows maturity at this point. Good luck!

filkenjitsu

I have read through threads in the past on the indeed.com forums about criminal background checks and associated problems. Maybe these links will be helpful?

CRIMINAL BACKGROUND DISCRIMINATION - Adecco Jobs | Indeed.com

cannot pass a background check - Receptionist Jobs | Indeed.com

background check for pending cases - Job Interviews | Indeed.com

http://www.indeed.com/forum/gen/Career-Advice/Success-criminal-record/t137575/p1#c2065507

rogue2shadow

I agree with the rest of the thread. Honesty is the best policy. It also reflects positively of your character and trustworthiness to bring it up first as it shows you are not apt to hiding things. This, in turn, could better affect how they feel about you, for example, protecting sensitive or confidential data, competitive intel, administering critical networks, etc.

blargoe

Yes, 7 years what I have heard most often. I've heard of 10. There may be some industries that go further than that. I really don't think your history is going to be a problem. I think repeat/multiple offenses would be problematic, but if companies automatically disqualified applicants for a single victimless indiscretion, they would have a hard time filling positions. At every company I have worked for I have worked directly with people with a "history" so to speak.

If you are right for the job, they will hire you. Just be honest.

lsud00d

Some important info you left out is (and you don't have to answer btw)--
Were you convicted of any charges? If yes, have they been expunged? If yes, how long ago?
If you were not convicted of any charges, why were they dropped (statute of limitations, no bill, etc)? Have the pending charges been expunged? If yes, how long ago?

The short answer is consult with a lawyer on what your rights are, what to answer when asked 'x', and what to expect. Nobody here is a legal expert and laws vary state by state. Some states have at will employment so companies can be less up front about why you were passed over for a job even if it's constitutionally unsound. Different databases show different information and depending on the value/worth of the information and systems you will be involved with will determine how much money the employer would spend completing a background check.

Some of the advice in here is not the best...I would be 100% up front in a security clearance check because they WILL find out everything. In an employment interview you don't want to voluntarily provide information that could lead to disqualification. As long as you don't lie or falsify your application you are doing what you should do.

That said I think everyone deserves a second chance, especially for non-violent offenses. Good luck with the interview process!

Sounds Good

What if you were arrested, but never convicted? Should it even be brought up at all?

CISPhD

pinkydapimp wrote: »

good advice above. Also, i believe after a certain amount of time you can get your criminal record expunged(removed). You may want to look into that.

25 years for a felony conviction.

lsud00d

Sounds Good wrote: »

What if you were arrested, but never convicted? Should it even be brought up at all?

"Should" is discretionary and arbitrary so I'll address "could", and the answer is yes. Again different states have different laws (and this can even vary by county/parish) but arrest reports and court dockets can be public record which again can and will be available in different databases. If someone lives in an at will employment state, this information can be used when evaluating the employee during the background screening process.

phalx

Sounds Good wrote: »

What if you were arrested, but never convicted? Should it even be brought up at all?

It actually varies a lot by state and by felony. For example: in the state I work, many Class C felonies can be expunged after ten years, as long as you have no other convictions within this time (excluding fines). Additionally, you could petition the court sooner, and the judge actually has the discretion to remove it sooner (there are other details I won't go in to here), but this depends a lot on the conviction. If it was violent/sexual in nature, you may not ever get it set aside/expunged.

phalx

My post was actually addressing the length of time it takes to expunge/set aside a felony, I quoted the wrong statement. Although I would like to comment that when you expunge/remove a conviction, you also usually petition to remove the arrest as well. This will remain on file and can be retrieved if someone digs deep enough.

Michael2

The problem is the conviction was drug related which could be viewed as a security risk. Now big companies that are highly protective of their operations and data will be more wary about who they hire than smaller companies. They don't go through with the background check until they get you in to sign the paper, so don't quit any other job you have. It's just not as easy to bounce back as it used to be, though.