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Q: Employment - Background checks (fingerprinting) ( No Answer,   1 Comment )
Question  
Subject: Employment - Background checks (fingerprinting)
Category: Miscellaneous
Asked by: gobills12-ga
List Price: $20.00
Posted: 25 Apr 2006 11:10 PDT
Expires: 25 May 2006 11:10 PDT
Question ID: 722680
WILL AN EMPLOYER BE "ALLOWED" TO USE A PRIOR ARREST OF 2 PETTY LARCENY
CHARGES THAT WERE DISMISSED TO MAKE A DECISION LIKE RETRACT MY (AT
WILL) EMPLOYMENT
POSITION I HAVE BEEN OFFERED???

Background to my question (in case relevant):
*In 1997 in Virginia, I was in a car that was pulled over by a cop. My
friend and I were charged with under-age drinking and each charged
with 2 petty larceny charges (each) for stolen items in the car. 
However, after completion of community service and fines, all charges
were dismissed.

I have recently been hired by a large National Bank (Bank of America)
to work this summer as a Summer Associate. I will be working in their
GEORGIA office. I have already taken a criminal background check and
passed it. However, I now have to go get my fingerprints taken.  From
what I understand, the first background check (conducted by a company
they outsource called Choicepoint) is what they make all potential
employees take. It only checks for arrests (or maybe even just
convictions) for the past 8 years, so I passed this test and they
would not have seen the petty larceny charges I am worried about. 
However, from what I understand, the fingerprint test is what they
make all employees take and is more extensive since it checks your
permanent history.  Basically, from what I gather this 1997 petty
larceny charges will show up (since I DID get fingerprinted when I was
arrested that night).

My Question:
*What my question is: WILL THE BANK BE "ALLOWED" TO USE THIS
INFORMATION TO MAKE A DECISION LIKE RETRACT MY (AT WILL) EMPLOYMENT
POSITION I HAVE BEEN OFFERED (taken in account that the charges were
for "petty larceny" and were "dismissed"?

Thanks. Please let me know if you have any further questions (or if I
have not paid enough)! -
Answer  
There is no answer at this time.

Comments  
Subject: Re: Employment - Background checks (fingerprinting)
From: research_help-ga on 25 Apr 2006 11:57 PDT
 
If you are an at will employee, the employer can fire, or choose not
to hire you, for almost any reason (besides race, religion, etc.) So,
yes they may not hire you once they find out about your record, or
they may choose to ignore it. That's up to them, it's not a legal
matter.  Further, if you are working for a bank, they usually must
bond their employees which means they must insure against you
stealing.  It might or might not be more difficult to get you bonded
based on your record.

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