I recently accepted a job offer though a staffing agency...but the recruiter said I had to come by to fill out paperwork & that they would be running a background check. 12 years ago I was working at a convenience store & some money vanished. I've lived in the same county all this time, and I recently found out there is a pending felony charge for embezzlement. I've had several traffic tickets since, and this never came up. However, it is showing up on my background check. Is there a snowball's chance in hell I'll get hired? What would I do to get it resolved? A lawyer told me to ignore it, but I guess I can't. At the time, I took a polygraph and everything (I didn't take the money), so it's a mystery why that is out there and I didn't know until recently.
2007-06-15 12:19:01 · 5 answers · asked by tonyc_27604 1 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
Yeah I agree you should see a different lawyer........
2007-06-15 12:27:49 · answer #1 · answered by Nolagirl83 5 · 0⤊ 0⤋
A pending charge can show up on your background check. Is there a chance that you can get hired.. well it depends on the job - is it for a financial institution? then probably not..
There are state laws in place to protect you from discrimination regarding criminal records. They are called Right To work laws - Traffic Tickets are not considered a Felony, or conviction so they should not be an issue.
The Agency NEEDS to tell you what turned up on the background check before making an adverse employment decision.
Contact an attorney, and address this matter, as long as it is pending, then you may have some problems due to this.
2007-06-16 08:30:33 · answer #2 · answered by stellar2be 2 · 0⤊ 0⤋
A pending charge from 12 years ago? I think your lawyer told you to ignore it because he figures the statute of limitations has run its course. As you've stated you've lived in the same county for this 12 year period, I would have to say that although pending, it would be thrown out of court if they decided to charge you on it as, again, the statute of limitation has probably run its course (the SOL varies by state, but I can't imagine any state having an SOL more than 5 years).
2007-06-15 12:30:37 · answer #3 · answered by MinocStriker 2 · 0⤊ 0⤋
Get a different attorney and have that 'pending' charge expunged. Either they are going to charge you with embezzlement or they're not going to. After twelve years, the SOL has probably expired, and nothing can be done.
This sounds to me like a typical screw up in the legal system, where a 'potential charge' was lodged and a different resolution of the problem was reached. Meanwhile, no one bothered to remove the item on YOUR record.
2007-06-15 13:58:17 · answer #4 · answered by acermill 7 · 0⤊ 0⤋
I would go see a different lawyer and tell him you want this thing resolved. 12 years is a long time to have something like that hanging over your head and screwing with your life.
2007-06-15 12:23:42 · answer #5 · answered by Ronin 4 · 1⤊ 0⤋