Felony CHARGE on background check

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pappynoodle

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Aug 19, 2006
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Hi I haven't been convicted but on a recent back ground check for my "conditional job offer" at Lowes I received a letter from whoever did the check saying that I had been charged with a felony. I hear that Lowes is very anti felon but can/would they deny me employment without me being convicted? The HR lady that pushed for me to get hired is on vacation until Monday and I rather call her about my status because she was very nice and seemed to care for me.

I wouldn't think a charge should show up on a background check. What happened to innocent until proven guilty?

Thanks for any replies/info I'm stressing myself pretty bad over this.
-Pappy
 
I have an intent to distribute charge that I was never convicted of, but charged. Cops were able to find that information quite easily and used against me in my bond situation recently. I need to know if this will hurt my chances at jobs as well.
 
they *can* but if you're not convicted they may not hold it against you. but they will ask you about it. it's probably pretty likely that they won't hire you if they are anti felon.

they might ask you to reapply when the matter is cleared.. (ie, you dont get convicted)
 
I would contact whomever was in charge of sending you the letter saying that you were charged but never convicted and that is why you did not put it on your application. If they want to give you shit about it, play the defense card of "Wrong play at the wrong time". It is unfair of them to deny you employment due to a charge that did not lead to a conviction, however, they may do it anyways.
 
As far as a job search goes, felony with dismissal is just as bad as a conviction *in many situations* but getting a job at Lowe's shouldn't be a problem. It will show up on a background check, but honestly most places don't give a shit unless you're making 50k plus annually.
 
captainballs said:
As far as a job search goes, felony with dismissal is just as bad as a conviction *in many situations* but getting a job at Lowe's shouldn't be a problem. It will show up on a background check, but honestly most places don't give a shit unless you're making 50k plus annually.
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Really? I've heard Lowes was pretty strict on hiring.

Thanks everyone for the replies. I don't know, I got a bad feeling about this for some reason. I've called them the last couple days and since the HR lady that did my initial interview and helped through the process is on vacation they offer to route my call to a manager. I've refused thinking that maybe theres something the HR can do for me that a manager wouldn't. Ahh so frustrating :X
 
captainballs said:
As far as a job search goes, felony with dismissal is just as bad as a conviction *in many situations* but getting a job at Lowe's shouldn't be a problem. It will show up on a background check, but honestly most places don't give a shit unless you're making 50k plus annually.
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So is this the future of social engineering here in Amerika? If you've even been accused of a felony, you don't deserve to make more than $50k/year?

Pretty pathetic...
 
^ It's more than pathetic, it's outrageous, and Congress should pass a law prohibiting indictments and even arrests from being disseminated to anyone (outside law enforcement) or used to decide employment or anything else. If Congress won't do it, it's up to the Supreme Court to explain the legal result of an indictment where there's no conviction: nothing. The Court should rule that this is illegal discrimination when it's used for hiring, and an invasion of privacy when it's disseminated. I know some people would call that judicial activism, but at least the Court would understand that an indictment with no conviction should not function as a conviction with respect to a person's reputation.
 
Only an expungment will do the trick, and sometimes they aren't even possible despite innocence. This country has a lot of class mobility unless you're a victim of the unweildy justice system. In that case, your mobility is re-assigned to someone with better luck.
 
Is expungement possible for an indictment where there is no conviction?
 
It's different in every state, but generally yes. A certain amount of time has to pass between arrest and filing. A number of other conditions may have to be met, but expunction is a suprisingly informal affiar in my experience if you have a lawyer who is familiar with the local D.A.'s and judges. This service will cost between $800 and $2000 depending on what a good lawyer costs locally. For me, in Houston, the cost was $1000.

You can do it yourself for like $100, but I would recommend against this since a number of technical requirements might make you technically ineligible for expungement depending on the state. Most successful expunctions happen as informal events where the lawyer and the D.A. shake hands and wink at each other, both ignoring the commas and qualifiers that make up expunction requirements.
 
Wow, so if your charged with a felony and found not guilty or held in abayance (which I was told was like never being charged) will STILL show up on a background check? that is rediculous. I can see how a charge would show up, but an aquittal or whatever, shouldnt be anywhere..

PG
 
^
it depends on the state, and it depends on which agency is providing the background information.
 
I was arrested 7 years ago for possesion(a felony) and went to court.Im made a deal and charges were witheld.But even today I have so much trouble getting a job. People suck and they are never going to let me forget about this. I had to go into my own business because of the poor treatment buy HR depts..
 
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