Getting arrested vs convicted confused on a job application? 🤔 - Sitcoms Online Message Boards

Janice Johnson · 12-25-2021, 05:17 AM

So, it was said that a Woman who was applying for a job checked,"No," when it asked,"Have you ever been ARRESTED. She had been arrested once years ago, she spent like one night in jail, and the Person dropped charges the very next day and she went home. Her Lawyer was like,"Since the Person dropped charges the very next day and you went home the next day, and weren't convicted of anything, this shouldn't even show up in a background check of you for job employment or anything like that."

On her job application, she checked no when it asked,"Have you ever been ARRESTED?" She apparently got "ARRESTED," confused with,"CONVICTED," ACTUALLY an understandable mistake. She had been employed at her job for about 5 years when her Employers ended up doing a new background check on all Employees and found out about her Arrest. They asked her about it and she confessed to the Arrest and admitted she got ARRESTED and spent a night in jail and was released the very next day when the Person dropped charges and she got confused with CONVICTED on her job application. Luckily she was able to keep her job.

The advice was given saying something like,"If you have ever been ARRESTED, just answer,"Yes," if you are asked,"Have you ever been ARRESTED," on the job application. I myself might have answered,"No," in her shoes. I'd probably think a one night in jail and released the very next day wouldn't count.

RetroGuy2000 · 12-25-2021, 08:11 AM

Honesty is the best policy. The records are out there, so there's no reason to lie.

If it asks if you've ever been arrested, and you have, answer 'yes'. There's usually an area on the application where you can say "all charges later dropped".

Janice Johnson · 12-25-2021, 09:49 AM

Quote:

Originally Posted by RetroGuy2000

Honesty is the best policy. The records are out there, so there's no reason to lie.

If it asks if you've ever been arrested, and you have, answer 'yes'. There's usually an area on the application where you can say "all charges later dropped".

In her case, she got "Convicted," confused with,"Arrested,". I think a better question would be have you ever been incarcerated for any amount of time?" Then she could have said something like,"Yes, I was incarcerated for one night and released the very next day after the charges were dropped.'

Janice Johnson · 12-26-2021, 07:24 AM

Hmm. I wonder how the first background check before she was hired didn't show the arrest. You'd think they would have seen that before she was hired.

GentlemanJim · 12-26-2021, 02:20 PM

So, at the very least the employer now knows that the employee is either dishonest, of suffers reading comprehension difficulty?
My best guess is that while this little episode might not affect her employability, it might factor heavily in her promotability in the future.

Really don't want someone who is so easily confused to be placed in charge of splitting atoms...etc

GentlemanJim · 12-26-2021, 02:26 PM

Quote:

Originally Posted by Janice Johnson

Hmm. I wonder how the first background check before she was hired didn't show the arrest. You'd think they would have seen that before she was hired.

The employer might have hired a different security firm that utilizes better tools.

Or, not knowing any particulars, it's possible that the employer has gotten itself involved in some business aspect that requires more thorough screening than was previously necessary. So the previous check was just superficial, while the more recent was more thorough in order to satisfy a new client, or perhaps a new insurance company (this latter aspect happens quite frequently)

robyrob · 12-26-2021, 06:27 PM

you should talk to your lawyer and see if you can get the arrest record expunged if you were never convicted.

...or just move to another state - doctors and lawyers do it all the time.

Dude111 · 12-26-2021, 07:08 PM

Shes very lucky!!!!!

A friend of mine had a conviction dropped and he anwered NO on his app and they fired him!!

He worked at a post office...........

Janice Johnson · 12-26-2021, 09:14 PM

Quote:

Originally Posted by Dude111

Shes very lucky!!!!!

A friend of mine had a conviction dropped and he anwered NO on his app and they fired him!!

He worked at a post office...........

I could see why he would answer"No," for that one if the Conviction was dropped. He most likely thought,"Dropped," meant basically the same as ,"Never happened."

Janice Johnson · 12-26-2021, 09:17 PM

Here's a REALLY weird thing a guy said happened to him. He said he had ONE speeding ticket from 10 years ago and Employers had reservations about hiring him. It wasn't even a DUI! It was just the normal "Going to fast," speeding ticket!

GentlemanJim · 12-26-2021, 09:47 PM

I got a speeding ticket for going through a 4 way stop at 95 mph on Sanibel Island Florida in 1989, and that stayed on my record for over 10 years.

It was 3 AM, nobody around for miles, just me, and one cop.

Janice Johnson · 12-26-2021, 10:55 PM

Quote:

Originally Posted by GentlemanJim

I got a speeding ticket for going through a 4 way stop at 95 mph on Sanibel Island Florida in 1989, and that stayed on my record for over 10 years.

It was 3 AM, nobody around for miles, just me, and one cop.

I think I saw a commercial where you go to a Traffic School in order to get that ,"Speeding ticket," taken off your record as if it never happened. The true irony would be if the Traffic School cost more than the speeding ticket.

GentlemanJim · 12-26-2021, 11:50 PM

The ticket was just a few hundred dollars. Where it really dinged me was in my insurance costs. Moved to different states, different insurance companies, I could tell that my past was following me around...then I think it was like 12 years later, I moved, got a new license in my new state (before getting insurance) , and then the insurance cost was back to reasonable levels.

Janice Johnson · 12-27-2021, 05:25 AM

Quote:

Originally Posted by GentlemanJim

The ticket was just a few hundred dollars. Where it really dinged me was in my insurance costs. Moved to different states, different insurance companies, I could tell that my past was following me around...then I think it was like 12 years later, I moved, got a new license in my new state (before getting insurance) , and then the insurance cost was back to reasonable levels.

I never thought a single normal speeding ticket could cause so much trouble. I could see a DUI causing a lot of trouble, because driving while drunk is actually REALLY bad. But I assumed a normal "Going too fast," speeding ticket was more of a slight inconvienience than anything REALLY hassle causing. I assumed you just pay the $400 and then the speeding ticket goes into the obscure abyss and you don't have to worry about it anymore. It causing you to pay more for Insurance after it's already been paid for or causing Employers to possibly be wary hiring you is news to me.

GentlemanJim · 12-27-2021, 12:21 PM

There is this database that insurance companies have access to. Try going online for an insurance quote, type in your address, and they will prompt you with a list of cars registered to that address, asking you which one(s) you are seeking a quote for. I was astonished. Had all kinds of particulars for my (then) room mate...really creeped me out in a "big brother is here" sort of way.

When I got that ticket in 1989, I was a licensed resident of Georgia, vacationing in Florida, with a rental car. Eight years later I had moved through Hayward California (licensed address there) and on to Los Angeles with a licensed address there......and then asked for a quote from an insurance agent. And he called me later that afternoon explaining that if I got insurance through him it would be trough on of those "high risk" carriers that charge a fortune, due to that "ticket in Florida".

12-25-2021, 05:17 AM	#1
Janice Johnson Commercial Lover Forum 4000 Club Member Join Date: May 30, 2003 Location: Miami, Florida Posts: 4,739	Getting arrested vs convicted confused on a job application? 🤔 So, it was said that a Woman who was applying for a job checked,"No," when it asked,"Have you ever been ARRESTED. She had been arrested once years ago, she spent like one night in jail, and the Person dropped charges the very next day and she went home. Her Lawyer was like,"Since the Person dropped charges the very next day and you went home the next day, and weren't convicted of anything, this shouldn't even show up in a background check of you for job employment or anything like that." On her job application, she checked no when it asked,"Have you ever been ARRESTED?" She apparently got "ARRESTED," confused with,"CONVICTED," ACTUALLY an understandable mistake. She had been employed at her job for about 5 years when her Employers ended up doing a new background check on all Employees and found out about her Arrest. They asked her about it and she confessed to the Arrest and admitted she got ARRESTED and spent a night in jail and was released the very next day when the Person dropped charges and she got confused with CONVICTED on her job application. Luckily she was able to keep her job. The advice was given saying something like,"If you have ever been ARRESTED, just answer,"Yes," if you are asked,"Have you ever been ARRESTED," on the job application. I myself might have answered,"No," in her shoes. I'd probably think a one night in jail and released the very next day wouldn't count.

12-25-2021, 08:11 AM	#2
RetroGuy2000 Julie,Julie Anne,&Felice 4Ever Forum Star Join Date: Dec 27, 2013 Posts: 16,914	Honesty is the best policy. The records are out there, so there's no reason to lie. If it asks if you've ever been arrested, and you have, answer 'yes'. There's usually an area on the application where you can say "all charges later dropped".
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12-26-2021, 02:20 PM	#5
GentlemanJim Concerns, Support, & Feedback Forum Veteran Join Date: Dec 26, 2019 Location: The back country Posts: 5,443	So, at the very least the employer now knows that the employee is either dishonest, of suffers reading comprehension difficulty? My best guess is that while this little episode might not affect her employability, it might factor heavily in her promotability in the future. Really don't want someone who is so easily confused to be placed in charge of splitting atoms...etc
	__________________ On my word as a gentleman!

12-26-2021, 06:27 PM	#7
robyrob certified wackball#3 Moderator Forum Icon Join Date: Aug 03, 2003 Location: hiding under the third booth at Arnold's Posts: 58,191	you should talk to your lawyer and see if you can get the arrest record expunged if you were never convicted. ...or just move to another state - doctors and lawyers do it all the time.
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12-26-2021, 07:24 AM	#4
Janice Johnson Commercial Lover Forum 4000 Club Member Join Date: May 30, 2003 Location: Miami, Florida Posts: 4,739	Hmm. I wonder how the first background check before she was hired didn't show the arrest. You'd think they would have seen that before she was hired.

12-26-2021, 07:08 PM	#8
Dude111 Forum Legend Join Date: Nov 05, 2013 Posts: 36,303	Shes very lucky!!!!! A friend of mine had a conviction dropped and he anwered NO on his app and they fired him!! He worked at a post office...........

12-26-2021, 09:17 PM	#10
Janice Johnson Commercial Lover Forum 4000 Club Member Join Date: May 30, 2003 Location: Miami, Florida Posts: 4,739	Here's a REALLY weird thing a guy said happened to him. He said he had ONE speeding ticket from 10 years ago and Employers had reservations about hiring him. It wasn't even a DUI! It was just the normal "Going to fast," speeding ticket!

12-26-2021, 09:47 PM	#11
GentlemanJim Concerns, Support, & Feedback Forum Veteran Join Date: Dec 26, 2019 Location: The back country Posts: 5,443	I got a speeding ticket for going through a 4 way stop at 95 mph on Sanibel Island Florida in 1989, and that stayed on my record for over 10 years. It was 3 AM, nobody around for miles, just me, and one cop.

12-26-2021, 11:50 PM	#13
GentlemanJim Concerns, Support, & Feedback Forum Veteran Join Date: Dec 26, 2019 Location: The back country Posts: 5,443	The ticket was just a few hundred dollars. Where it really dinged me was in my insurance costs. Moved to different states, different insurance companies, I could tell that my past was following me around...then I think it was like 12 years later, I moved, got a new license in my new state (before getting insurance) , and then the insurance cost was back to reasonable levels.

12-27-2021, 12:21 PM	#15
GentlemanJim Concerns, Support, & Feedback Forum Veteran Join Date: Dec 26, 2019 Location: The back country Posts: 5,443	There is this database that insurance companies have access to. Try going online for an insurance quote, type in your address, and they will prompt you with a list of cars registered to that address, asking you which one(s) you are seeking a quote for. I was astonished. Had all kinds of particulars for my (then) room mate...really creeped me out in a "big brother is here" sort of way. When I got that ticket in 1989, I was a licensed resident of Georgia, vacationing in Florida, with a rental car. Eight years later I had moved through Hayward California (licensed address there) and on to Los Angeles with a licensed address there......and then asked for a quote from an insurance agent. And he called me later that afternoon explaining that if I got insurance through him it would be trough on of those "high risk" carriers that charge a fortune, due to that "ticket in Florida".