Acceptable Arrest on Background Check?

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  • #186492
    Anonymous
    Inactive

    I don’t want to create another redundant background check thread, but in the others I haven’t been able to find the answer to my question.

    Pertaining to the Big 4:

    From what I have read, misdemeanors usually don’t seem to be a problem especially if, they are not related to fraud or any kind of financial crime.

    What about felonies? I was arrested for a felony, possession and intent to distribute (Marijuana). Adjudication was withheld and my record was sealed. There is nothing else on my record and this happened 5 years ago.

    Would this arrest/charge prevent me from being hired by a Big 4 company?

    If this wouldn’t automatically remove me from the running, I assume it would come up in their thorough background checks, so it would be best to disclose it up front?

    If this type of arrest automatically disqualifies me from working at one of these firms I would rather not go on record admitting the arrest and save myself the time.

    Any advice from experience would be much appreciated. Please only if you have direct or indirect experience with a similar scenario, HR, their policies or the hiring procedure. While I can appreciate people’s opinions I am looking more for concrete information.

    Also, if anyone knows of a good background checking service open to the public that checks a large list of private databases, please let me know. Thanks

Viewing 8 replies - 1 through 8 (of 8 total)
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  • #577602
    mla1169
    Participant

    I would contact the attorney that you had at the time and pose this question. Advice from this forum is nice and well but for something this significant I'd want legal advice from an attorney.

    if its sealed it technically “shouldn't” show on a background check but you never know.

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    #577603
    WeWillSee
    Member

    I don't have experience in HR but my mother is a lawyer and I know that felony charges are serious. Being in the public accouning means that you are upheld to moral and ethical responsibility and not disclosing something to a potential employer that has requested/required disclosure of such crimes may result in something more serious than just not getting the job. Attaining a lawyer or seeking legal advice is probably not a bad idea.

    #577604
    Anonymous
    Inactive

    Thank you and I appreciate your response. I have spoken with my lawyer and he tells me I can legally say I was never arrested and my record won't show up via a standard background check. What he can't guarantee (and I understand why) is that my arrest record won't show up from a private database check. There are many private database companies that store criminal records and these companies don't always update their records appropriately.

    I was hoping to get some insight from someone here on the vetting process or on the extent of the type of background checks normally run by a company like a big 4. I know the big 4 hire people with criminal records and generally speaking, recruiters and HR employees say that it is best to be up front and honest about it. I do know that a DUI or misdemeanor conviction is different than a felony arrest. I have read mixed things like, “as long as it is not a financial or fraud related crime, you should be alright” but also, “As long as the crime can be classified as, youthful exuberance and isn't anything serious…”.

    What would be very helpful to me is insight on a known or unspoken, “unhirable” threshold regarding an arrest or criminal record – My lawyer wasn't able to speak to this. If I am past a threshold based on my arrest charge, I could apply and if nothing else, get the background check they run to see what potential employers would find. If I am not past an, “unhirable” threshold I could disclose the arrest, and let my resume and references speak to my credibility.

    Any helpful insights would be appreciated. Thanks

    #577605
    acamp
    Participant

    Wait, arrested or convicted of felony distribution?

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    #577606
    Anonymous
    Inactive

    Arrested – possession with intent to distribute. Not convicted, adjudication was withheld.

    Above I said that I know they hire people with misdemeanor convictions, but I don't know if they hire people with felony arrests. I would guess they weigh a felony arrest as a worse background than a misdemeanor conviction.

    #577607
    Quinacridone
    Member

    If the question is whether you have ever been CONVICTED of a felony, you are good. Arrested does not mean guilty.

    My son was arrested when he was a teenager and went to a juvenile court where the records are sealed if they successfully complete the program. No conviction, however, his arrest record is easily attainable. When he has had to describe it, he just tells them he was young and stupid, but no conviction occurred. No one has ever pressed him for any further information.

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    #577608
    fuzyfro89
    Participant

    I wish I had better advice, but here's my guess…

    I'd say withhold it from your application. Your lawyer suggested it is not supposed to show up on public records, so I'd say go with that. If it comes up on your background check (which some states will allow you to request a copy), then you'll know it and can address it honestly with HR at that point:

    “According to my ruling documents, it was sealed and not intended to remain on public record, so I did not disclose the arrest earlier; however, I do admit it happened and can provide further documents to support my stance…”

    The opposite choice is to disclose it anyway.

    Regardless, from what I recall about the Big 4 recruiting process, they do not proceed with a background check until: a) they extend you an offer AND b) you accept the offer (conditional on passing background verification).

    Good luck

    #577609
    Anonymous
    Inactive

    @Accountant1984

    Given that your records are sealed, I would say that if your employer doesn't mention them, then neither should you.

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