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Background Check

Discussion in 'Criminal Records, Expungement' started by nregets08, Sep 6, 2018.

  1. nregets08

    nregets08 Law Topic Starter New Member

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    I just got a job offer and they run a third-party background check and in May 2011 (its been over 7 yrs and I have not been in trouble once since then) I got Petty Theft - Theft 3 in Washington State as a misdemeanor. Will that affect my employment or not? I am thinking no? Plus, I am going to get it vacated tomorrow. Also, the job has nothing to do with money handling.

    Thank you.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Ask your employer.

    We have no way of knowing what he will do or not do.
     
  3. army judge

    army judge Super Moderator

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    Once you are convicted of a crime, the conviction doesn't disappear after a period of time.

    A negative credit action might disappear after a period of years, but a conviction lingers forever.

    There are ONLY two ways to ameliorate a criminal conviction.

    One is by receiving a full executive pardon by a governor for a state conviction, or by the president for a federal conviction.

    The other way is to have the conviction overturned through the appellate court process.

    If the conviction was received seven years ago, I don't think you'll be vacating it tomorrow.

    Here's why:

    In general, to vacate a conviction means to set aside the verdict. In other words, it will appear as if the first trial and conviction never happened. Prosecutors will have the opportunity to pursue your case again, which means you may have to go endure another round of the criminal trial process.

    When Can I Seek to Vacate my Conviction?

    Different states have different rules, but there are generally certain grounds upon which you can seek to vacate a verdict. These reasons typically include:

    Ineffective assistance of counsel, such as the failure to advise the defendant of a plea deal;
    Breach of a plea agreement;
    Court bias;
    Juror misconduct.


    Of these, ineffective counsel is probably the most common reason for which individuals are able to get their convictions vacated. If the grounds for vacating a verdict do not fit within one of the stated grounds, you may be unable to go through this process. Merely being unhappy with a result is not enough.


    I don't think a prior conviction can be vacated within 24 hours.

    It's almost impossible to get a case docketed for the next day, unless its for an emergency hearing.
     
  4. zddoodah

    zddoodah Well-Known Member

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    We can guess (just as you can), but we have no way of accurately predicting what your prospective employer will do if it learns about this matter.
     
  5. nregets08

    nregets08 Law Topic Starter New Member

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    Yes, I just wanted to get it started so in case they see or ask about I can tell them that. Hmmm. I’m just hoping it doesn’t ban me from my job offer.
     
  6. mightymoose

    mightymoose Moderator

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    If you were asked about criminal convictions on any applicantion documents and failed to disclose your conviction, then yes, you should expect to not be hired.
    Otherwise, if not directly asked, it really is up to the employer to decide what weight to give the information they obtain. Maybe it shoes up, maybe it doesn't. Just don't be deceptive and try to hide it.
     

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