Do employers go by arrest date or conviction date when determining criminal history?

Question

I applied for a job and I they want a clean record for the past 10 years. I was arrested 10 years ago, but it took about 2 years before court convicted me on this crime, so this would shorten my time to 8 yrs. Does any one know which date employers are looking at?

Answer 1

As noted, read the question very carefully. They can't make employment decisions on the basis of the arrest only (innocent until proven guilty; disparate impact on certain racial groups; statutes in some states). The conviction date triggers the clock.

You may still be eligible for employment even if you were convicted, depending on the job. For example, an embezzler probably wouldn't be eligible for a job as an accountant but would have to be considered for jobs that didn't involve access to money. Refusing to hire all convicted applicants no matter what their crime has the potential to be discriminatory and may violate state law. However, there are a few jobs in certain industries that require security clearances which will be more restrictive than others. They're asking for disclosures so that they can weigh your history against the job -- it doesn't automatically mean that you won't be considered. This is actually becoming a fairly common question on applications for many companies.

Keep in mind that lying on an application will guarantee a termination for cause whenever it comes out -- and it's surprising how often background checks are updated for particular assignments, anonymous calls are made to employers, etc. You need to be honest about this, and be prepared to explain how you've turned things around since the conviction. Good luck with the job.

Answer 2

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Answer 3

You need to finish your education, and you also need to recognize that at least once, you did a violent thing. Employers are much more impressed by those who admit failings and mistakes than those who keep saying that this wasn't really them. If drugs were a part of the situation, you can acknowledge that to the employer as long as you are in a program and actively fighting your addiction. 5 years isn't very long for an employer to be able to set aside a concern about violence, so at this point, take the jobs you can find, complete your education, live an exemplary personal life, and time will pass. Once you're beyond the 7 year date from date of the penalty (in other words, if you were on probation or in prison for 2 years, then the 7 years starts after the probation or prison term is completed.), the crime isn't reportable any longer in most states at lower salary levels.

Answer 4

Employers are merely people and no two people are going to respond exactly alike. You have no way of knowing what this particular employer will do, or how they will count it, period.

An individual may choose to look at the arrest record. Another guy in the same department may look at the conviction date. Another guy in the same department may say, Misdemeanors I am not concerned with. Another guy in the same department may say, a SPEEDING TICKET EIGHT YEARS AGO, GREAT MOTHER'S STOCKINGS! (My kids have been saying that recently).

In short, there is just no way to tell what one individual may do at any given moment in time. If dude's in a good mood, he may not check at all. If he's in a bad mood, he might see you had a conviction nine years, 364 days ago and say fuggitaboutit because it isn't ten years.

Sorry; I know that doesn't help you much, but that's the most honest answer you'll get.

Answer 5

My former company went by conviction date, and according to some people I know in the HR industry, that is the most common...so yes, you're still likely at 8 years.

Be careful, because some companies go by parole date...In other words, if you were convicted in '05, but had to do a year in prison then your "clock" would start in '06.

If you're having a problem, the best thing to do is to register at good-sized temp agency that also does full-time placements (one that is known nationally). Be totally honest with them up front...the worst that could happen is that they refuse to work with you and you go to the next agency down the street.

If they are reputable, they should know the general policies of the companies in your areas. At worst, think of it as "practice." At best, they might be able to get you into the door of a company as a temporary, then get you hired on full time (many large companies don't do full background checks on employees already "in-house").

Good luck and stay clean...

Answer 6

It depends on how the question is worded, but in most cases they go by the conviction date, not the arrest date.

Answer 7

Tell them when you committed the crime, which would have been more than 10 years ago--right?

If they do research and find out you were convicted 8 years ago, you can tell them that it was for the crime you already disclosed but that you have not done any criminal acts since.

Answer 8

Depends on how the question is worded. A common question is:
"In the last 10 years have you either been convicted, plead guilty or no contest to a felony?" In this case they are looking at conviction date.

I have seen them add "or been released from prison".

Answer 9

Criminal Records Search Database : http://CriminalRecords.InfoSearchDetective.com

Answer 10

I believe it's arrest date...because that's when the crime was done.