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Drug Misdemeanor

Discussion in 'Termination: Firing & Resignation' started by Michael76, Jan 15, 2010.

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  1. Michael76

    Michael76 Law Topic Starter New Member

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    I was wanting to know if i can be turned down for a job with a midemeanor drug charge...???
     
  2. Proserpina

    Proserpina Moderator

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    Yes, of course you can :confused:

    Why would that not be the case?
     
  3. Michael76

    Michael76 Law Topic Starter New Member

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    It's a misdemeanor

    Why would that hinder me from getting a job it's not a felony??
     
  4. Proserpina

    Proserpina Moderator

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    Because there is no obligation for ANY employer to hire you...period.

    (and even less of an obligation when the applicant has a criminal history)
     
  5. Michael76

    Michael76 Law Topic Starter New Member

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    So bascially i will never have a good job that does background checks is what your telling me? i never had a problem getting jobs before why all a sudden this one job after they couldn't wait to hire me??
     
  6. Proserpina

    Proserpina Moderator

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    This is one of the consequences of your actions, yes - there's a very good chance that any employer who runs a background check on you is going to take you out of the running based upon your conviction. There is nothing in the law requiring a potential employer to ignore a misdemeanor OR felony conviction.

    Ask yourself the question:

    If you have two equally qualified job applicants, and one has a drug conviction and the other doesn't...who are you going to hire?
     
  7. Michael76

    Michael76 Law Topic Starter New Member

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    You have been a big help now it all makes sense never knew a misdemeanor could keep you from a job but now i do...
     
  8. Proserpina

    Proserpina Moderator

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    'Fraid so. But it's not going to keep you from EVERY job. Stay positive, stay focused and keep your nose clean - because frankly, the more time that passes (and assuming you stay out of trouble), the more likely it is that a potential employer won't hold it against you.

    Y'know?
     
  9. Michael76

    Michael76 Law Topic Starter New Member

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    How would i go about getting this removed from my record?? Do you know?
     
  10. Michael76

    Michael76 Law Topic Starter New Member

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    Right cause it happened in 2007 so think that is why they looked at it that way. they said it was cause i had mutilple misdemeanors in a certain time frame the others were for traffic though
     
  11. Patricia_Young

    Patricia_Young New Member

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    Whether or not you can get the conviction expunged will depend on your state laws; you'd have to see a local attorney.

    In the meantime, have you looked into work with temporary staffing agencies? They are sometimes a little more lenient.
     
  12. Michael76

    Michael76 Law Topic Starter New Member

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    Well this is the best part of this story i got hired through a temp agency and had been working for them for 5 months when i was asked if i would like to work for the company i had been working through the temp agency for..well i had to take a assessment test pasted it, then came inteview past that, then was told i was gonna be hired just had to sumbit to a back ground check , drug test, and then a physical..Well back ground stil had not cleared, they said go ahead and start your new hire orientation this last week and should clear in a few days...Well on friday it cleared they told my temp agency boss i was not qualified to be a associate for them cause of multiple misdemeanors in a certain time frame..one was driving on suspended in 2008 which i loast due to back child support the other was the drug charge in 2006..
     
  13. Patricia_Young

    Patricia_Young New Member

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    A drug charge and conviction can certainly be reasonsable grounds for dismissal or refusing to hire in a number of fields; ditto with the driving problems. For example, if you were applying for a position in the medical field, it would be logical to exclude you because of your drug charge; if you were applying for a position which included driving, the company may not be able to insure you based on your past driving record. Those are just two examples.
     
    Last edited: Jan 17, 2010
  14. Michael76

    Michael76 Law Topic Starter New Member

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    Not in the medical field this is was in a factory for a packaging specialist on a production line...it was a charge of 35 grams a misdemeanor B charge i paid a $500 fine never did not time over it..Now is a conviction considered doing time and paying a fine or just doing time..Cause i have never done no jail time on any misdemeanor i have.. The ya using a traffic misdeamonr and a drug misdemeanor against me for the time frame they happened in which is a 2 yr placement..I was told many yrs ago misdemeanors don't count just felonies if that is the case a misdemeanor is just as if you were a felon correct??
     
  15. Patricia_Young

    Patricia_Young New Member

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    Don't know who told you that, but misdemeanors can be considered, not just felonies.
     
  16. Michael76

    Michael76 Law Topic Starter New Member

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    So what is the difference then yo have traffic misdeamonors too yet they are not used against you.. I am not a felon i made a mistake unlike as a felon they do time i have never done time so why should i be pursecuted like a felon is for mine was no where near that bad as killing someone, or petty larceny stuff like that
     
  17. Proserpina

    Proserpina Moderator

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    Because the bottom line is, you broke the law and you have convictions on your record. If you're interviewing for a driving position, for example, you can bet your last cent they will want to know about traffic offenses too.

    You're not being unfairly persecuted, honestly. What's happening is that you're paying the consequences for making those mistakes. And the longer you keep your nose clean, the more likely it is that these will eventually be overlooked.
     
  18. Proserpina

    Proserpina Moderator

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    Conviction simply means you have been convicted (found/plead guilty) of a crime - the term has nothing to do with the actual sentence for that crime.
     
  19. mightymoose

    mightymoose Moderator

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    Yes... you absolutely have a conviction(s).

    It is frustrating, but you are in a position where you just have to put enough time between those convictions and the present.

    You may certainly feel you are being treated unfairly, but nothing you are reporting here is illegal practice or even unusual. As someone said above, this is a continued consequence of your actions back then.
     

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