Juvenile offenders and background checks

KathiHR

Our company provides vocational services to various groups of clients, such as welfare-to-work and previous juvenile offenders, who have barriers to employment. My problem is that we have placement staff who tell these clients not to reveal criminal records on their applications because they are not required to reveal arrests or convictions from their youth.

My position is that an application is a legal document and, unless their record as been expunged, they must answer truthfully and reveal their record. A background check will pick it up anyway, and then they face termination for lying on their applications. (Not to mention our reputation for telling them to lie.) I would prefer they be taught positive ways to address their past on an application and in an interview. I also believe its the placement staff's responsibility to know which employers will give them a chance & which one's won't.

On the other hand, the placement staff take the position that, legally, a person is not required to reveal a criminal record from their youth. I don't want to force them to reveal things they legally don't have to, but I'm just not sure that what we're telling them is true. The placement staff complain that revealing the record makes it harder to find them a job (well...duh... that's why they call it a "barrier to employment").

I welcome any ideas. I could just call the lawyer, but there's so many good ideas on this forum, I didn't want to miss the opportunity for input.

Thanks,
Kathi

marc

Welcome to the forum.

This may not address your preference to have these people deal with their issues in a positive way, but I thought these juvie records were sealed after they turn 18? In which case they would not show up on a normal background search. The theory being they have grown out of their youthful indiscretions and can now be counted on to act responsibly (as if).

As for those who have offenses that occurred after the 18th birthday, have them carefully read the application questions. In our case, the question asks if they have offenses that would prevent them from working with children and families. I expand the question when we are looking for accounting and finance people to address issues from those areas of employment.

I am all for giving people a second chance, but I want to know what kind of chance I am taking. If I find out they lied about their background, it is rare that I go further. The lying often speaks to current character traits that have not be rehabilitated.

Just a point of view.

Don D

Kathy: My more sinister side tells me that you are looking for advice from professional HR people as to how your clients can fib on applications. After all, you're in the business of placing them and this is your first post. I think you know the answer to whether or not your clients should be truthful. You should ask an attorney about what history may or may not appear on the records of your youthful clients and if you are with a vocational non-profit, you certainly have one or more attorneys affiliated with your organization that charge you nothing at all. You will not hear this group of HR professionals advising you to tell these kids to lie on their applications. A person of any age who lies on an application or resume risks immediate rejection. Don't try to slip them under the radar. They will be found out and so will you.

sonny

I worked in and around Voc. Rehab for over 20 years, albeit with adults. Rule # 1. . .Never, Never lie on an application. I would apply this rule to youth as well unless some attorney has some compelling reason to do otherwise. I would doubt it.

Leslie

Our application asks, "Have you EVER been arrested or convicted of any offense other than a minor traffic violation?" Recently a 30-year-old told us of a class 5 felony (reckless driving/dui) at age 17. Served 10 days, 5 years probation. Background check showed absolutely nothing. So while the applicant should disclose, there may not be any evidence of it if committed when under age 18. However, if they don't disclose, and evidence is found, they'll be out of a job. Disclose.

cthr

Just make sure that your state doesn't define what needs to be disclosed and what doesn't. In CT, you are not required to list any conviction for which records have been erased-this includes a sentence as a youthful offender.

HR in Okla

I agree with Leslie, disclose. Part of our operation is licensed by the state of Okla under the Nursing Home regs. The state requires that we use an app that they designed which asks "have you EVER been arrested...etc." I'd much rather have someone disclose something, whether it was juvenile, expunged or whatever, than discover it on the background check. If they don't and I find it, they have lied on the app and they are history.

Through the years of working with this, I've had a number of people tell me that some early offense was "expunged" because they had completed probation. But when I obtain their official record, there it is.

Tell your clients to be upfront about their mistakes, and to present themselves as someone who is sorry and willing to work hard to prove they have changed.