I was arrested for a violent crime a few years ago and acquitted. Long story short I defended myself, was able to prove it, and was found not guilty.
I have an offer forthcoming, and I want to disclose the arrest prior to the background check. Before anyone says expunge, of course I tried.
Should I disclose it before accepting the offer? Or afterward? It’s a small company, and should I disclose to the hiring manager or to HR?
- I’m pretty sure it’s illegal for them to rescind an offer on an arrest you weren’t convicted.
Like I could call the police right now and lie by saying you hurt me. When you get arrested, it will show up although you did nothing wrong (and didn’t get convicted). Anyone can get arrested for anything.Dec 19, 20183
- Tell it at the start of every interview to display confidence: I have been arrested and got away with it.
- Criminal Records That Employers May Never Consider
In California, certain types of criminal records are off limits for employers. Employers may not ask about or consider the following at any time during the hiring or employment process:
Arrest records. Employers may not ask an applicant about prior arrests that did not lead to convictions or seek or use records related to such arrests.
You might want to talk to an employment lawyer about how to answer or their response. There could be some unlawful business practices.
- Amazon CmcbcxchvcCan you run the background check yourself to see if it comes up so you know for sure?
If it is going to come up, personally I would tell HR and preface it by saying ‘hey just in case it comes up I was wrongfully arrested in xx years ago and beat the convection. I don’t think it’ll be on my record but just want to forewarn you in case it comes up.
- Jet.com OWUh101: if you were not convicted it will not show up. 2: I recommend you do your own background check just to be on the safe side. You might not find anything at all and most background checks are free. 3: if you were charged and its a violent crime then they will not proceed with hiring you. As an HR professional, if your background comes back bad then tell the hiring manager.
- New FourHrWkWkYou said you”tried” to expunge? If you were acquitted, there would be nothing to expunge right?
If you’re fairly certain you’ll be found out, I do think it’s good to offer an explanation. Otherwise it puts HR in a position to make decision based on what they read, and they might not dig further to see the acquittal. Honesty goes a very long way, and if they still hire you it’s a good sign of mutual trust.
- Apple XOfK47Something isn't right. Background checks can only find your conviction records, not your arrest records. At least in the state of California. I'd do your own background check and try to find out what is said about you and if it's incorrect, get it corrected.
I wouldn't disclose anything under any circumstances unless there was a conviction. I think even that can only be on your background check for 10 years in California, it's to prevent people who stay out of trouble from being shunned for life.
- New OOBDCDepends on the state. In almost all cases arrests don't need to be disclosed. And, in many cases/states, convictions don't need to be disclosed until/unless an offer is presented. All info required for public records disclosures must be completed on a form separate from an employment application (either online or in hard copy). Having reviewed hundreds of the resulting reports, depwnding on the vendor used to conduct these checks, the reports can be hard to read and interpret. So be prepared with your explanation. Under the Fair Credit Reporting Act, any adverse employment action taken as the result of an employment records check must be diaclosed to you and you are entitled to a copt of the report that resulted in the adverse decision. That report will be provided by the company who did the work, not the employer. Hope this helps.