I was offered a position. Should I notify employer of pending charges before criminal background check?

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Comments (11)

findjob in North Carolina

15 months ago

I would go ahead and mention it to them. I would rather them find out now than later. Plus, it may look good in the eyes of your employer that you were forthcoming about your pending charges. I do find it hard to understand why your employer did not ask about convictions or charges prior to you accepting the job.

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Bluetea in Texas

15 months ago

guy in Chicago, Illinois said: I'm in Chicago right now on a little trip but the job is in California.

Last year, I was charged with a felony for transportation of a controlled substance. I was able to get a deal where I would enroll in a pre-trial diversion program called PC1000. The charge was changed to possession of a controlled substance.

I looked up my case information on the county court website and it says "dismissed/not prosecuted". It shows the possession charge as "pending disposition". I completed all the classes and went to court to show proof. My next court date is next year where they will drop the case.

I was offered a position in the IT department of a healthcare company. This may or may not be relevant, but I was never asked any questions regarding convictions or pending charges in the application or interview process. They will be conducting a background check through a third party Investigative Consumer Reporting Agency.

Through my research, I've found that these agencies are not allowed to report arrests that did not lead to convictions unless they are still pending. So based on this info, does this mean they'll find out about the pending possession charge but not the dropped transportation charge (and if they do find out about that one, would it be illegal under the FCRA/California law since that arrest did not lead to a conviction?).

I am considering talking to the HR person about this and explaining the situation. Would this be a good idea?

Don't. When they asked Ted Bundy if he had ever been convicted of a felony he said, "Convicted? No, never convicted. LOL!

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ThatIsNotMyName in Nashville, Tennessee

15 months ago

Personally I wouldn't mention it. They didn't ask, so you didn't tell. Just leave it. It would be different if they asked and you lied or left that information out. They have already offered the position. If they come back at you by withdrawing their offer, then you could try to find out why they are withdrawing it.

But I don't see how you could look bad if they never asked about your background in the first place.

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ThatIsNotMyName in Nashville, Tennessee

15 months ago

I mean, I would say YES if they asked you to disclose this and you "conveniently" left it out, but they never asked you to disclose such background, correct? That's just my take.

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Beth in Plano in Plano, Texas

15 months ago

They will find out and cancel their job offer.

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Calfornian in Hayward, California

15 months ago

It'll get to the point, wait, most places check your driving record, where a speeding violation will be used against you.

The good thing is that if you can code, IT won't care too much, the bad news, it's a hospital, and they'll probably care.

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Joe Gagill in Poughkeepsie, New York

15 months ago

This is what I worry about. I'm in Outside Sales, and if you have a bad driving record or tickets you will not be hired.

Right now I have a spotless record. What would happened if I get into an accident or a speeding ticket. I'll never get a job then. Scary!

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Jeff in Silver Spring, Maryland

15 months ago

I would try to find a legal advice website to ask this question. I doubt that anyone here knows the answer.

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endoftheworld in South Glastonbury, Connecticut

15 months ago

I think it is likely the offer will be rescinded, but i would not "volunteer" any info about pending charges now. If they really wanted to hire you after getting negative background check results they will 1st. question you on it and not sure that explanation you wrote here would be OK, in general employers want to hire people with NO criminal history, even if it's a 1 time thing. Your arrest may also appear in the local newspaper online version, many newspapers do NOT remove the police blotter and it is readily accessible by googling your name.

I interviewed at a major hospital once, the screeners had missed that I'd marked Yes for felony conviction on online app, when I signed the background check release form in HR, she'd told me it was "just a formality". I was surprised and assumed they had read my application and knew I had a felony conviction. I mentioned it to her and I've never had an interview end so abruptly, i was virtually escorted out the door by security and tho i still apply there from time to time as they ARE the Biggest Employer in this area I've never been called to interview for any other position.

99.99% of job applications, paper or online ask about criminal record, if they didn't ask the fact that they are doing a background check now means it is something they consider important.

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ThatIsNotMyName in Nashville, Tennessee

15 months ago

endoftheworld in South Glastonbury, Connecticut said: I think it is likely the offer will be rescinded, but i would not "volunteer" any info about pending charges now. If they really wanted to hire you after getting negative background check results they will 1st. question you on it and not sure that explanation you wrote here would be OK, in general employers want to hire people with NO criminal history, even if it's a 1 time thing. Your arrest may also appear in the local newspaper online version, many newspapers do NOT remove the police blotter and it is readily accessible by googling your name.

I interviewed at a major hospital once, the screeners had missed that I'd marked Yes for felony conviction on online app, when I signed the background check release form in HR, she'd told me it was "just a formality". I was surprised and assumed they had read my application and knew I had a felony conviction. I mentioned it to her and I've never had an interview end so abruptly, i was virtually escorted out the door by security and tho i still apply there from time to time as they ARE the Biggest Employer in this area I've never been called to interview for any other position.

99.99% of job applications, paper or online ask about criminal record, if they didn't ask the fact that they are doing a background check now means it is something they consider important.

The OP doesn't have a criminal record. They aren't convicted of a felony. Different situation.

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endoftheworld in South Glastonbury, Connecticut

15 months ago

ThatIsNotMyName in TN said: The OP doesn't have a criminal record. They aren't convicted of a felony. Different situation.

I was not comparing OP situation to mine as direct comparision per se just talking about the importance of a clean background check for employment purposes. Those employers who do background checks do them for a reason. I think Pending Charge would appear on background check, he said his court date was next yr. and he has job offer now so the background check will not come out "clean". The employer cannot know for sure his charges will be dropped and they will likely ask for an explanation. An employer has no reason or incentive to hire someone less than perfect with unblemished record when there are plenty of fish in the sea who have clean records. The fact that this is recent also doesn't look good but CA might be more "laid back" in hiring practices than CT where getting a job with misdemeanor is almost as impossible as with felony conviction and Pending Charges would raise a red flag for sure.

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