Misdemeanor OK for school but not employment???

Question

I have a misdemeanor from 4 years ago on my record. Teenage guy hits my car at a red light and I get out of the car and ask what the hell his problem was, he admitted to the cops that he didn't have on his seatbelt and that it was his fault. A few days later I have to go to court because he says I hit him. I'm 5'3" and he stood 6'2". Anyway he took pictures of himself saying I hit him. Never touched him. I know with all my heart that he hit is head on the steering wheel and tried to pin something on me because he knew he was at fault. Anyway, I've been looking for a job but can't seem to get one because of this. I tried telling the judge that I never touched this kid but he had "evidence". I have nothing else on my record. Employers are treating this like a felony. And here's the weird thing I volunteered at my kid's school and they also do background checks but the school says I'm clear to volunteer. What's the difference?

Answer 1

Your prospective bosses are idiots. I'm not much for lawsuits but this is one case where you should talk to an attorney; this seems to be provable, and you could sue him in civil court. It would help your record, and give you something to show against it. Pretty laughable actually, if you're that small - could you even reach him to hit him?

;-D

I'd also check to see if the judge just "might" be related to him somehow. or his family or whatever.

Answer 2

(Just for the record, it is always wise to take an attorney when faced with a criminal charge. Options may have been open to you that could have avoided a criminal record. But that's now water under the bridge.)
It is quite possible that the vicarious liability that attaches to an employer when an employee commits a tortious act may not be the same with a volunteer. In English, that means that an employer is just as liable as his employee when his employee harms others whether intentionally or negligently. However the school may not be responsible or liable if you are merely a volunteer since there is not that relationship of employer/ employee which legally transfers responsibility or liability to an employer.

Answer 3

Allot of it depends on how you present yourself. If you walk in to apply for a job and the first thing you say is "I have a misdemeanor on my record" Then the employer is going to look at you as damaged goods and possibly not trust worthy. In a free market system people can hire who ever they want and base their decision for hiring practices on whatever they choose. The best way to deal with this is to be honest but very brief about the situation. Everything the employer knows about this incident comes from you (including how big of deal it is). Hirablity has much more to do with character and personality than it does with background. Have good references, hold yourself like a professional, don't make a big deal about the situation, and keep plugging away. We are under 5% unemployment in this country which according to economists is more than full employment. If you put in enough applications and resumes, I can virtually guarantee that there is some one looking for some one just like you to be their next employee.

Answer 4

You may have to get a lawyer to have your record expunged. It is certainly not fair. If I were a judge I would seriously investigate the claim that you hit him. You never know who these guys are connected with. He could even be a relative of the judge and you would never know it. His claim is obviously false.

Good Luck:

Answer 5

Sounds bogus to me....but depending on what field you are going into, many companies require a 100% clear record....maybe the school does not look that far back...who know....does sound like a bad deal though....


Glad to see you volunteer though....a lot of parents won't