Five years ago I was convicted of possession with intent to deliver
ecstacy, a felony.  The conviction occurred in Pennsylvania.  I have
since graduated college with a degree in Accounting.  I am having a
hard time finding employment in Pennsylvania or Maryland.  I am up
front with these companies from the beginning and am still denied
employment.  I obtain copies of the background checks and they seem to
just check the state you are seeking employment and possibly the
surrounding states.  I am considering something drastic.  I am
considering picking up and moving out west and lying on job
applications.  If my thoughts are correct a background check out west
may only check states in the area.  So basically I would say my
question is this, how do companies usually do background checks?  Just
check the state in which I am seeking employment?  Or did the two
previous background checks I got copies of only check those couple
states because I told the company the felony occurred in PA?

---

Request for Question Clarification by pafalafa-ga on 05 Mar 2005 13:58 PST

In Pennsylvania, certain convictions can be expunged from the record
for first time offenders IF they paricipated in either the Accelerated
Rehabilitative Disposition (ARD) or Probation Without Verdict (PWV)
programs -- either of these ring a bell?


Some juvenile offenses can also be expunged, but I gather this doesn't
apply to your situation....does it?

pafalafa-ga

---

Clarification of Question by dalootku-ga on 05 Mar 2005 14:02 PST

No this does not apply because three years before that I was issued a
citation for possession of drug paraphaneila and completed the ARD
program for that.  Also, I more so trying to find out most companies
policies on background checks as I feel as though I have exhausted all
avenues for possibly getting this off my record.

---

Request for Question Clarification by cynthia-ga on 07 Mar 2005 02:28 PST

dalootku,

Something to consider. If you received your degree from a college in
Pennsylvania or Maryland, you'll no doubt have to list the institution
name and location. Any Human Resources person with half a brain would
realize you lived in the same area, and would add that area to a
background check request.  Have you considered this?

~~Cynthia

---

Clarification of Question by dalootku-ga on 07 Mar 2005 06:20 PST

Yes I have thought of this.  Unfortunately the school I graduated from
was in PA the same place where the felony occurred.  I am considering
the possibility of switching the school I graduated from to one in
Maryland since I do not have a criminal record there.  It has been my
experience that since I have a little over two years of accounting
experience nobody actually checks with the school anymore.  Though I
must admit the more I think about this it is starting to seem like a
bad idea.

The experience I have had is that a company will use your credit
report to find past addresses and do checks in the states or counties
you have lived in. Most common is doing all counties you have lived in
the past five years. Although they'll claim to only looking back seven
years, everything from that county will show up.
So move now, if only to the next county. Try temporary adgencies. Alot
of time they don't even check for lower positions (work your way up)
or will even be more likely to overlook the conviction without full
disclourse to the company.
It's very easy for companies to get background checks and they do use
them. I was convicted over eight years ago, have seen gotten a degree,
worked at the same compnay for five years without any legal problems
and had three job offers taken away because of a felony larceny and a
felony forgery charge even after I was honest with the employers up
front.

If it has been five or ten years, depending on the state, you can
petition the court you were convicted in to expunge your conviction.

They usually will take into consideration that you have graduated from
college, have no convictions since then, etc.

I would strongly suggest against hiding your conviction, as they may
find out some day and you would probably be fired on the spot.

Where to begin... I am 35.  I am finishing a degree in accounting. 
Last semester.  I began college in prison.  On my record I have 2
felonies.  One in 1988 for selling pot. And the other, in 1996, for
robbery.  I was addicted to heroin at the time, and was trying to kick
by taking valium and drinking. I blacked out and wondered into a
dime-store near my home.  I don't remember, but according to the
record I asked the worker at the register for the cash ----- and then
the change. Then I counted the money ( while dropping most of the $200
bucks ) while standing at the register. 2 guys outside ( whom I
attended high school with ) came in and tackled me.  I copped out to
robbery.  Served 18 months in county jail.  Got out. Continued using. 
Viloated probation.  Went to prison for 18 months to serve the balance
of my sentence, and thats when I changed my life.  I completed 30
credits in prison ( 4.0) got out stayed clean, went to a 4 year
university, majored in econ and accounting.  Won numerous scholarhips
and awards including being 1 of 42 students nationwide to be named
National Society of Accountants scholar 2 years in a row.  This I can
tell you.  NO ONE will know more about the consequences of your record
then you.  Prisoner re-entry programs focus on training, and how to go
through an interview. But they don't know how to handle, can't hire
you----other than to say " Keep trying! Someone will give you a break!
 I became so discourgaged about my prospects for CPA exam, and
employment that I started my own tax service 2 years ago. Howeever,
becasue the IRS conducts a background check before issuing and EFIN (
Electronic Filing ID Number ) I put the business in my then,
girlfriends name, we married in June of last year.  WE bear the crap
out of Block and Hewitt in my market, and were rolling on---Until my
wife decided that I wasn't paying enough attention to her, and that
she wanted to get out of the marriage---- She closed the business on
Feb 12.And I could do nothing!  All becaus of my felony record! We had
more than tripled our previous year business, and would have brought
in about 70K profit for the 4 months of tax season.  The point? 
Depending upon your state, you may be able to get your CPA license. I
researched most every state code of conduct regarding CPA issuance. 
The question, invariably, comes down, to your moral fitness. Some
states, like OHIO are more lenient, while others, like California,
will NEVER allow a felon to sit.  I live in Maryland, and went to
school in WV. In WV you can apply to practice law, with a felony. YES
ITS TRUE! If you want more information, just email me.  I am thinking
about starting a non-profit to assist convicted felons in some
capacity.  Finally, I have been turned down for jobs since the
business closed, and everytime it is because the record. I have
answered " NO" and have been found out.  And answered yes and been
denied.  The best thing to do, is to work for yourself.  Small
business bookkeeping and tax work. Or whatever.  I would rather do
that then suck up to some stiff shirt about my past.  Also, while your
info is supposed to be legally protected make sure you make them aware
that you don't want this info to be released to ANY unauthorized
personell ( like those at the water cooler ).  Contact me if you have
any questions, or need to vent!charlesgnestor@comcast.net

It is really hard once you have a felony record especially since 9-11.
 Most people don't understand that you not only pay with your original
sentence but in many arenas of your life for a long, long time
sometimes forever.  Many places won't rent to someone who has ever had
a record, life insurance is even hard to get!!

I got a record in 1998 for an offense that occured in 1996.  I worked
for a police department, had developed a habit and did things that
were totally out of my character.  In my sick mind I thought the drug
money could be 'borrowed' and it wasn't really hurting anyone
especially since I paid it back.  That was the only 'illegal' thing I
ever did in my life.  While investigating an employee who worked in
the property room it turned up that I had checked out this stuff when
I had no reason to.  Spent a year in jail, had my one year old son
taken from me...Tough lesson but I guess I needed to learn it.  I have
a Bachelors degree in Chemistry/Biology.  For the first year after I
got out I had to work in construction digging ditches (and I'm a
petite girl) but that was the only job I could get. At that time I was
able to get shared custody of my son with his father. Finally someone
gave me a chance thru a program where they pay the employer 1/2 your
wages for 3 months, do frequent evaluations with your employer.  That
employer was VERY happy with me and I stayed there 2 years until
unfortuantely they lost funding for the position. I also got FULL
custody of my son as his father turned out to be a deadbeat with
little interest in our son except how he could be used to hurt me
(can't hurt me if I don't care).

I have had three jobs total in seven years since my conviction.  Each
job ended because I got laid off but I have excellent references. 
Unfortuantely, once I check that box many employers don't even
interview me.  It is just a fact of my life that I have to try ten
times harder than anyone else becaus of this blemish.  But don't lie. 
I did that in desparation when I was laid off from my second job,
desparate to try to support my son and I.  A job which I thought was
perfect for me interviewed me, offered me the job.  However, when they
found out I had lied they took the offer back (came back on my
background check).  They said they don't know what would have happened
if I had been honest...but at least I would have had a chance.

It sucks that you have to be judged by your past but those that won't
give you a chance aren't worth working for anyhow.  Those who do, you
can show how you have learned from your mistake and become a better
person....Just be patient and remember to try ten times harder!! As
far as expunging your record, you usually can't even try till you have
7-10 years under your belt...When you get sentenced, unless you are
totally an unskillled person you really are being sentenced to much
more time because it gets hard.

Check with your employment agency.  There are programs for ex-cons to
get back on their feet like what I went thru.  Good luck and keep me
posted! aikol@hotmail.com

Amen. It can be unbelievably difficult. Maybe impossible. In '01 I was
a very successful physician. No work incidents, ever. No DWI. No
violence. No thefts, etc..Just went nuts and got addicted to heroin.
Lost everything and ended up living on the sidewalk for a year. Then 9
months in a VA mental hospital and now life is wonderful. I do
recovery full time, 10 mtgs a week, lots of H&I, helping others out,
you know. I volunteer at NIH and have voluteered at my old soup
kitchen and giving out hypothermia blankets and tutoring inner city
kids. Also help institutionalized kids and mentally ill or addicted
veterans. So I'm not a bad guy (now that I'm off drugs).
    But I can't find work. I have an incredible resume and references.
I've done greenhouse work for $5/hr for 8 months. I delivered
newspapers for $23/day for 6 months. I will do anything. I have over
1500 pages of correspondence- applications, letters, rejections. I've
had lots of interviews. I don't get straight answers as to why I am
rejected. I am very experienced with cancer medicine and v. well
qualified to do cancer drug development, clinical trials, etc..
Everyone who knows me wants me back in society. I don't know what to
do. I just don't know what to do. Good luck. It's really tough!

Oh. The felony was possession of $10 of crack. One prior of writing a
prescription for my girlfriend after she had died.