Criminal Background Check Finding
GLC
174 Posts
Against my better judgment, I allowed a manager to offer a job to a candidate before we had performed a criminal background check. This person would be a Case Mgr. in our Homeless Prevention Program working with individuals to prevent them from becoming homeless. Our manager told her verbally that we would be completing a background check and that her employment with us is contingent on her background check meeting our requirements.
The background check came back today, and she was charged with a felony in 1997, receiving stolen property over $300.00. She went through a diversion program, and the charged was dismissed in 1999. However, it stays on her record for 7 seven years so next year it will be taken off her record. There is a question on our application that reads, "Have you ever been convicted of a crime, plead guilty or no contest. She checked "NO". I did talk to the candidate about it, and this is her story.
Her friend was working at a dept. store and asked the candidate to take a bag of clothes to the car. The candidate thought her friend had paid for the items since they were in a bag. Apparently, they were not paid for, and she was charged. The background report indicated there was probable cause that she was guilty. She told me that she learned in a class that when a charge has been dismissed, you can indicate on an application that you have not been convicted of a crime and thought it had been removed from her records.
She is to start work with us on 8/1, and she has already given notice to her current employer.
The question for the group is whether we should hire this person given it happened in 1997? Do you believe she falsified on her application?
The background check came back today, and she was charged with a felony in 1997, receiving stolen property over $300.00. She went through a diversion program, and the charged was dismissed in 1999. However, it stays on her record for 7 seven years so next year it will be taken off her record. There is a question on our application that reads, "Have you ever been convicted of a crime, plead guilty or no contest. She checked "NO". I did talk to the candidate about it, and this is her story.
Her friend was working at a dept. store and asked the candidate to take a bag of clothes to the car. The candidate thought her friend had paid for the items since they were in a bag. Apparently, they were not paid for, and she was charged. The background report indicated there was probable cause that she was guilty. She told me that she learned in a class that when a charge has been dismissed, you can indicate on an application that you have not been convicted of a crime and thought it had been removed from her records.
She is to start work with us on 8/1, and she has already given notice to her current employer.
The question for the group is whether we should hire this person given it happened in 1997? Do you believe she falsified on her application?
Comments
Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.
Also, your comment about "the background report indicated there was probable cause that she was guilty" is pure speculative nonsense and should be dismissed as such. Neither you nor your background check vendors should get in the business of adjudicating cases or making statements such as these from either of your vantage points.
As Don said, this is a situation where you have to use your gut instinct and dig into the person a little bit.
Good luck.
Gene
Sometimes, there is something to be said for paying your dues, doing your time and then having the right to move on with your life...the point of punishment, I thought, was to prevent future occurances...but if those that have remedied the wrongs and are trying to start new lives and earn livings, it seems counter-productive to preclude them from ALL gainful employment based upon a single incident (of a relatively minor magnitude). Different business types have different needs and if you think she can be effective in your position...I'd hire her.
At this point, all you have is her story, and your gut instincts to rely on. If you have any doubts about the veracity of the story, do some more checking.
Perhaps she gave the bag of clothes to the friend and it backfired on her?
I beleive we can atone for our mistakes and it takes someone else to beleive that also for most second chances. You might find this person to have a higher loyalty index than most if you do so.
And by the way, her current employer did just that.