Ok Ags.

Have a job offer on the table - pending on an application/background check/drug test.

On the application I am faced with the following question:

"Have you ever (1) been convicted of any criminal offense (felony or misdemeanor); (2) pleaded no contest (nolo contendere) or guilty to any criminal offense (felony or misdemeanor); or (3) been charged for any criminal offense (felony or misdemeanor) and received probation, deferred adjudication, or pretrial diversion even if the charge or criminal prosecution was suspended or subsequently dismissed? Include information on DUI/DWI offenses. Do not include information on parking and speeding tickets."

In high school I received a minor in possession for alcohol, but had it dismissed via deferred adjudication. Now, I know it says this in the question, but my question is - will it show up on a background check?

My plan was to answer "no" in regards to ever getting one. Thoughts?

Anyone have experience in doing this before?

"even if the charge or criminal prosecution was suspended or subsequently dismissed"

Isn't that exactly what happened?

edit: meaning I'm sure it will show up on a background check

[This message has been edited by Decay (edited 8/24/2010 6:00p).]

I've had an MIP and never had that be an issue in getting a job.

I would be honest. My sister-in-law had charges similar dropped but did not divuldge that information. She did not get the job because it appears you are trying to lie about it, in your case you would be lying and Aggies do not Lie, Cheat or Steal.

my mip shows up on my record - but my PI doesn't.

Be honest. It was high school, big freakin' deal. If you lie and they find it (which they will) your offer is gone.

I also did something where my MIP is no longer on my record...so that might be part of it.

quote:

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3) been charged for any criminal offense (felony or misdemeanor) and received probation, deferred adjudication, or pretrial diversion even if the charge or criminal prosecution was suspended or subsequently dismissed?

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hth. ywia.

don't lie...every one was young once, just admit it was a bad mistake, if they like you and the employer isn't a prude, you'll get the yawb.

I can't speak for everybody but I wouldn't not hire you because of an MIP. I would not hire you if I found out you lied.

What EVA said.

Don't lie. Just admit you have an MIP.

I'm dealing with the same issue in applying for state registration. I intend to check yes, i've been convicted/nolo contendre and then just state that it was regarding three different Class C Misdemeanors with the last one occurring almost a decade ago. My thoughts are that they won't ask, but if they want more information I plan to be completely honest. Nobody's perfect, and if you're dealing with an agency or potential employer that can't see that then to hell with them.

quote:

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I also did something where my MIP is no longer on my record...so that might be part of it.

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I have actually gotten two, one before the age of 18 and one after. I got both dismissed via deferred adjudication, which is probably similar to what you are talking about, blondski.

I am just debating whether or not to say "no" to the question and risk it showing up on a background check (I have heard that M.I.P.'s will not show up if you were never actually convicted/got them dismissed).

and also... dismissed doesn't mean expunged. just because something is dismissed doesn't mean it doesn't show up on your record.

If you answer "Yes," there is a box where you can offer an explanation.

Why don't you just do a background search on yourself and see what happens. I actually did one out of curiosity a couple of weeks ago knowing I have a record, and nothing came up. I still intend to be honest. It's always best to just be honest imo.

I agree with the honesty part.

I am worried because the offer is from a very large company, which might have standard protocol to go by if someone has something like that on their record (might not be at the personal discretion of a recruiter).

bleh.

Something about aggie code of honor here OR HEY LOOK I DRANK TOO YOUNG WAS I COOL?

i had 3 mips and disclosed all to grad school, a state licensing board, and my employer(a bigger company than you are applying to) and had no problems. nobody even brought it up.

ps - two were deferred but why risk it? nobody cares if you drank beer in high school.

dont lie.

if you're honest up front, they'll likely overlook it especially if it happened a long time ago. if you lie and they find out, forget about the job offer

The truth shall set you free!

The truth shall set you free!

its a class C misdemeanor, same level as a speeding ticket. suck it up and let your employer know. it shouldnt keep you from a job.

Go ahead and be honest. I've hired a lot of people in my life and still hire people and I probably wouldn't hire anyone who didn't drink a little before they turned 21. Too square for my taste.

I'd MUCH rather hire someone with an MIP who ADMITTED it honestly, than someone who lied to me, whether they had an MIP or not.

The long and the short of it is that integrity is significantly more important in your life than having had a few beers when you were 18.

If the dewsch doesn't hire you PM me and I'll find a spot for you. Of course you're gonna have to work for about 30 but I'm sure there's something available.

Here's the other thing: You'll feel better about yourself if you tell the truth and there will be other jobs out there. Even if it costs you this job at least you can hold your head up and know that you lived out in the open and didn't lie about anything. Karma and that kind of self-confidence will help find you another position...

You've already had people tell you not to lie about it. That is the correct advice. A background check will reveal that you had a charge brought against you, you filed no contest, and that the charge was dismissed. It's still on your record, so if you say no and they do a background check, it's going to be there.

On the other hand, if you were under the age of 21, completed the adjudication process, and then filled out the necessary forms, you can have it expunged from your record after your 21st birthday, under the condition that it's your only offense. At that point, there is no documentation of your offense anywhere, and you're legally allowed to check the no box.

HTH

Hold the phone on that. I worked for a LARGE company once that hired a guy and after he worked for us for a month they ****canned him because he had a DWI that had been EXPUNGED.

He felt he got screwed. I agreed with him. His feeling was that he answered "no" because it was supposed to have been removed from his record, which it was, but somehow, and I still don't know how and neither does he, they found out about it.

Beware the "expunged" thing.

The only way that I know of that something like that could happen is if he applied for the job right after getting his record expunged. Once you get it expunged, there is around a 30 day window where a background check will still reveal a plead of no contest on a class b or c misdemeanor, because you have to get the bureaucrats to file the proper paperwork, and run the documents through the shredder. Technically, at that point, the record is destroyed. It's my understanding that you can swear under oath that you've never been charged, convicted, or whatever for what was expunged. The guy at your company ought to have been able to talk that over with his manager before getting canned, because a company ought to have some exception for those situations. I mean, the term "expunged" means destroyed. It's nixed from your record after that short period of filing. Bad luck, I guess.

expunged ftw.

however, if they ever ask for divulgence of your arrest record, i believe that will still be there. any charge, deferred adj, dismissal, etc., is gone after it is expunged.

umm the key word here is "conviction"

if you have anything else you can have it expunged from your record I believe. if you have conviction, then I think only a pardon gets it removed.

That's not true. I've been held in jail, had a trial, was convicted, and 5 years later I had my record expunged.

The record is 100% clear. No record of me ever going to jail or the anything else.

Being a minor might be a little different, but I wasn't a minor when my offense occurred.

Getting your record expunged isn't cheap though, it takes a lawyer.

The only qualifier, and I'm not sure about this, but I'm not sure if you can get your record expunged if you've been convicted. That means you had to plead not guilty or guilty, as opposed to no contest, and I don't think either of those options would allow for expungement.

well im pretty sure you can promise them that you will never get another MIP... problem solved

OnlyForNow - wow, I never knew a conviction could be expunged without pardon. I have learned something new. I might knock over that 7-11 now