Employment - Background checks (fingerprinting)
Asked by: gobills12-ga
List Price: $20.00
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)! -
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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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