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Background Check - Pre-Employment Screening Problem?

Name Withheld - 2007-07-19 22:14:03 - Law Enforcement Police

I have a dilemma - I'm an experienced IT Project Manager with extensive Fortune 500 experience - a high achiever with excellent education and professional credentials - but I have a career problem. In the midst of a high-conflict divorce my ex alleged that I grabbed her arm - and I wound up eventually pleading no contest to the charge of simple battery (PC 242). I was innocent - and the victim of her drunken rage - but nothing I could say or do seemed to matter. The more I protested my innocence, the more legal pressure I was subjected to. In the end, I was blackmailed by the legal system into pleading guilty to something - anything so they would lift restraining orders that forced me to move out and have no contact with her or my kids. The moment I plead "no contest", they lifted the restraining orders and sent me on my merry way - but with a criminal conviction that now prevents me from getting hired. The unfairness, inequity, and humiliation I was subjected to was beyond reason - and now to add even further injury, I am seemingly unemployable - by any firm that conducts background checks. The divorce and legal costs have left me with no significant assets, and I can't last 2 years without a source of income. I’m looking for advice – a solution to my dilemma. Perhaps a firm that would be willing to hire me despite this issue – and I can and will substantiate my outstanding character, honesty, and integrity. Maybe a strategy to remove this from my criminal record and/or background reports. Maybe a law enforcement organization that would be willing to “clear” this in exchange for assistance in an investigation, sting operation, or other law enforcement activity. I’m open to suggestions – and I welcome and appreciate any helpful guidance or advice. I’m not a batterer trying to squirm out my predicament – I am an honest, kind, helpful person that was victimized by a person with very serious emotional issues (bpd, depression, and alcoholism) and a legal system that assumes all allegations are just, true, and above challenge. Thank you for reading this, and I encourage you to educate yourself on the dysfunctional state of California’s domestic violence laws. I’m opposed to violence (domestic or otherwise) in every way – but the current legal system is being abused and manipulated in a well-intentioned but misguided effort to prevent further suffering my women. It is a noble and righteous goal – but the results have not been realized and many men have suffered the same fate.

Best Answer:

Why can't you explain the conviction to a potential employer as you did here? With this information, I cannot imagine that it would still be a disqualifying factor. You can waste time and legal fees having the conviction expunged, but most expunged convictions still show up on a thorough background check.

Answers:

Just be up front with them and state what happened some one somewhere will work with you.

Why can't you explain the conviction to a potential employer as you did here? With this information, I cannot imagine that it would still be a disqualifying factor. You can waste time and legal fees having the conviction expunged, but most expunged convictions still show up on a thorough background check.

Human resourse departments are uasually understanding if your up front with them about the siutcuation before the check comes up.

If you have good computer skills as it seems you do than you should maybe try doing computer work by the hour for people. Technical support or helping people set up networks in their houses that sort of thing. That way you don't have to suffer a pre-employment screening. That or work for a small company that doesn't care about your background. Most large corporations and companies have enough applicants that they don't want to run the "risk" of employing anyone with a criminal record of any kind. Eventually if you make enough money pay a lawyer and try to get yourself exonerated. California has some messed up laws and I've seen that close and personal from a friend from work.

Depending on how long ago the conviction was, you might be able to get your record expunged. I believe the laws vary by jurisdiction, but maybe if it was like 7 to 10 years ago, you could that. Other than that, just come clean. I've seen many businesses not even conduct a background check and those that do (like public safety) often allow you to explain your circumstances. That is, they don't necessarily automatically disqualify you if you have a conviction. Having said that though, I might practice my explanation a bit better. You sound very sincere (and intelligent), but domestic violence, in general, is a more complex issue than you make it out to be. Even though you might be innocent, it seems potentially problematic for you to clearly convince a human resource staff that your ex-wife was the problem and you were an innocent bystander. Most people who understand domestic violence also know that batterers VERY often come across as very nice and even-tempered. So, just consult with a job interview specialist on how to play that answer and be honest on your interview, but keep your fingers crossed that they won't ask (or get a job that doesn't require a background investigation). It's too bad that you were in those circumstances, but I still think you shouldn't have pled guilty to that if you were innocent. Good luck.