Quick summary, in 1999 I was arrested along with some friends for vandalizing a neighborhood. Won't go into details with what we were doing but let's just say it was pretty stupid and we got caught. I was over 18 but under 21 so it is on my record. When we went to court I pled no contest to criminal mischief but was sentenced with a 30 day suspended sentence and had to pay about 1000 dollars in fines. Fast forward to 2014 and I am now applying for a job in which an FBI background check is required for me to even be considered for the job and any criminal record will DQ me from getting the job. I think this would show up on my background check but for a previous job noted that I had been convicted of a crime because as I understand it pleading no contest is the same as a conviction but the HR people told me that this did not show up on my background check. Yesterday I searched this site looking for my info and nothing showed up. Granted it was in a small little NJ municipal court but I would imagine this should be public record? https://njcourts.judiciary.state.nj.us/web15z/ExternalPGPA/index.jsp Any idea why this wouldn't show up , should I be worried it isn't showing up and is there actually a better place to look to see if this is on my record so I can save myself the embarrassment of applying for a job knowing I will be DQ'd.
Not an attorney but I can give you the other point of view. If you are for sure out of the job if it is found out then do not mention it, if they find out later then you are out of a job you would not have had anyway. If there is a chance you can still get the job if you are honest about it then just explain as well as you can and see what happens. To some this may seem unethical but when youthful indiscretions are held against people for the rest of their lives you have to do what you have to do. I have multiple very serious charges from when I was 17/18 years old. I got prison time but also was given youthful offender status. I have since worked for the government, both federal and state, where there was a full background check and none of the charges came up. Different circumstances but I would think your only other choice is to try and have the charges expunged.
Im not sure what the charges are but you are better off just explaining everything, rather then them finding out later. Ive applied for multiple jobs recently and they want to know everything, from violations, to any police encounters, anything that got dropped in court, anything that you plead not guilty to, anything from your teenage years. The FBI gets every copy of every arrest (as far as I know), so they will know that you were charged with it in all likelihood.
You can request your own report to review from the FBI, it costs $18 for the report but you also need to get your prints done which most times you will need to pay for. It will take 28 days according to the website. http://www.fbi.gov/about-us/cjis/id...n-identity-history-summary-request-to-the-fbi Here is the request form https://forms.fbi.gov/identity-history-summary-checks-review/q384893984839334.pdf And the fingerprint form http://www.fbi.gov/about-us/cjis/identity-history-summary-checks/standard-fingerprint-form-fd-258
They don't get anywhere near all the arrest reports, it is up to the departments to submit them and most are voluntary as far as I am aware. http://www.fbi.gov/about-us/cjis/ucr/ucr
^I would do this, even if it does not show up, I will still be leery of not putting it down only because most Federal jobs require you to disclose everything (And usually come with a warning that you will face criminal charges if you fail to disclose something such as a ticket). The arrest itself is public knowledge, it was probably in the newspaper at the time (arrest is not a conviction though).
See I have heard different but im more inclined to believe that they dont get every report. An arrest though is still public information so technically every arrest has probably been printed somewhere in all likelihood.
Found the info and updated my post, it is voluntary so you know a lot of small law enf. agencies low on manpower are not going to submit everything. While it may be printed somewhere all the HR people reviewing the reports are only going to review the report and maybe do a quick google search, I don't think he would need to worry about them searching 15 year old newspaper archives.
Yeah, well all ill say for his sake is to read the guidelines correctly. If it tells you to put everything down, and if you dont, then you can be prosecuted, dont risk it because its not worth at all.
Contact the NJ Secretary of State and order a criminal records check for yourself. If it shows up, talk to a NJ lawyer about getting it annulled.
Catch 22... I think your better off disclosing your record, than hiding it. They may be willing to over look a 15 year old indiscretion, but may not overlook a current lie about it. Of course if they do miss it, someone else may find out and try to hold it over you. I'd say come clean and live with the consequences.
If you have been an outstanding citizen since your arrest (no further arrests) you may be eligible to get it sealed. Some misdemeanors do not show up, and its difficult to really say based on the information you gave. If you get your arrest sealed, when applying for jobs, you no longer have to say "yes" to being arrested. Yes pleading no contest is similar to pleading guilty. Your best bet is to just be upfront and honest rather than trying to hide it. Tell them what happened, why it happened, and how you have grown and learned from that experience, and that you have never ever been in trouble since then (if this is true). Tell them it was a 1 time mistake. The fact that you were still young will benefit you. Haven't seen something like this hold people back from getting a job (even government jobs).
It's not really something they will find out about later. To apply for the job I have to submit for the FBI check anyway so may as well just do it and see. I was just hoping there was a better way to see if it would show up without paying. I know once it's done no further probing into my history will be done. Oh and as far as disclosing it, can't do. The job requires travel to foriegn countries that require a visa and a criminal record will bar me from getting the required work visas in certain countries.
They're no doubt using one of the "screening" services that claims to do a national criminal history search, but doesn't really. There's no national criminal offender database accessible by the public, and not all states report information equally. So, unless they have someone camped out daily in every criminal clerk's office, there are huge gaps in these "national" background checks. The only way to know for sure is to do what Dierking suggests - request a copy of your own criminal history in New Jersey.
The other thing to keep in mind - even though it may not show up on your record you will almost certainly be looking at a polygraph test. Do you have the chops to successfully lie during a polygraph?
Hi Barry I am not a lawyer but my sense is to apply for the job and let the chips fall where they may. Many people commit stupid mistakes when they are young and if you can show that you learned taken your lesson i.e. no crimes since that time, you will be ok. There are background checks for many jobs and serious felonies may DQ you from some sensitive Government positions. Not sure the type of job you are going for but don't let embarrassment or a guilty conscience hold you back. Tell them about your strengths and how you can contribute to the position. Good luck!
