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Dave in Duluth, Minnesota

18 months ago

This is Dave again, the artist formerly known as Dave from Minneapolis (three posts above)I am now Dave from Duluth because I have lost my home and yes..I am still unemployed. I had to move back in with my parents in Northern MN. What a joke our system is. Over the past 8 months I have had dozens of criminal background checks run on me by potential employers who extended me conditional job offers. I am 100% honest with the hiring managers and they are still willing to give me an opportunity provided that my background checks are not returned with me being convicted of a felony, and as I previously stated..I am still unemployed. I dispute the findings of the background screening companies, and after a few weeks pass they call me back and inform me that there infact was a mistake made and I am only convicted of a misdemeanor. Of course by then the position which I had applied to has been filled or the company is "pursuing other candidates." Hmmmm...I wonder why. I never even committed this crime, I was jumped by 2 people in Minneapolis and was punched in my face and on the back of my head 40 times. Out of fear for my life I threw a single punch and fractured some bones in a mans face. 13 months later my attorney pressured me in to taking a plea bargain, to plead guilty to 3rd Degree Assault with a stay of imposition. My attorney informed me at that time that my crime would be reduced to a misdemeanor after I had successfully completed probation. (Which I did 3 years ago.)The biggest problem that I'm having is that Human Resource Departments and Background Screening Companies do not have the slightest clue as to what a stay of imposition is or how to determine what the final disposition of a criminal case is. I have been writing letters to the MN State Legislature about this issue. In the information age in which we are now living hiring decisions are not made by the employers, they are made by humane resource departments or some background screening company in India.

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Dave in Duluth, Minnesota

18 months ago

I strongly advise that nobody pleads guilty to a crime with a "stay of imposition." I may as well be convicted of a felony at this point. Roll the dice and take your case to jury trial, at least then you will have a fighting chance. If found guilty, you may be required to serve more jail or prison time. With that said, it is a risk worth taking. Being in a position where I have been rendered unemployable in horrible. To watch everything that I have worked for my entire life slowly implode in front of me has been unbearable. I do not do drugs and I have not consumed alcohol in nearly 7 years. I have been a law abiding citizen and I have applied to more than 1000 jobs over the past year. In my honest opinion, the courts leave your criminal case looking as disparaging as possible so a person is prevented from gaining employment for the rest of their life. I completed everything that was required of me by the court, I have remained law abiding and sober for nearly seven years. I feel as though I deserve the right to gain employment and lead a productive life.

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Early in Orange Park, Florida

16 months ago

Ailyjah in Jackson, Mississippi said: name a company who you know for a fact does hire an ex felon in Mississippi, or (anywhere).

In The LAND of NO Opportunity for it's citizens?? No Company!

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Stuck in South FL in Palm Beach Gardens, Florida

12 months ago

celeste in Greenwood, Mississippi said: Hi Mary in Tampa, thanks for your response. I have spoken to many attorneys to have my conviction expunged or overturned. In fact, the public defender who represented me said I would get 6 months and/or probation. However, I did not. I have been told the conviction cannot be overturned nor expunged from my record unless there was obvious and blatant disregard for my civil rights during sentencing. No attorney has been willing to take the case. I've been trying for 15 years. But thanks for your response. If you know of anything else, don't hesitate to let me know. Thanks.

As much as someone wants to get a record expunged, sometimes that in itself is more of a red flag. I wanted to try and get mine expunged, however I caught another case before I could do it and in Florida, after the second, it is impossible to have it expunged. Due to my being a bit "wild" in my younger years, I am now 41, one semester away from a paralegal degree (to compliment my B.A. In English) and am in the same boat. I have sent out over 100 resumes in the last months, and aside from Bartending I cannot find work. As someone who has tended bar for 17 years- I am OVER it, and the people. Trying to break into the legal field is impossible with my record and I have spent my life savings just to get to this point. It SUCKS.
Reading all the various comments here made me realize that with today's level of unemployment, NONE of us are going to get the jobs we want. But that's no reason to give up....do what I do- every morning I wake, pray, check every job site available and slough off to another day in the trenches. It WILL come. Eventually everyone gets a break- so why shouldn't we?
I shall say a prayer for all the souls posting here and hope it works out for everyone. You are not alone.....

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Jaime Vandermark in Frazeysburg, Ohio

11 months ago

I recently had an incident where my mother and sister both attacked me hitting me in my face and head several times so I started swinging to defend myself and get them off me. I then got into my car, left the scene and called the police. When they arrived they said that my mother had a scratch on her lip so all three of us went to jail for domestic violence. My attorney is telling me that I am going to have to plead guilty to something but he is not sure what the prosecutor is going to offer at this time. I am a professional who just gave up my job in New Jersey to come back to Ohio to be closer to family and I know this is going to kill my chances of ever finding a professional career, any advice?

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Bluetea in Texas

11 months ago

Jaime Vandermark in Frazeysburg, Ohio said: I recently had an incident where my mother and sister both attacked me hitting me in my face and head several times so I started swinging to defend myself and get them off me. I then got into my car, left the scene and called the police. When they arrived they said that my mother had a scratch on her lip so all three of us went to jail for domestic violence. My attorney is telling me that I am going to have to plead guilty to something but he is not sure what the prosecutor is going to offer at this time. I am a professional who just gave up my job in New Jersey to come back to Ohio to be closer to family and I know this is going to kill my chances of ever finding a professional career, any advice?

Drop the charges or plead guilty to a misdemeanor. Most companies ask "Have you ever been convicted of a felony?".

Whey they asked Ted Bundy that, he said, "Convicted? No, never convicted".

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Stuck in South FL in Palm Beach Gardens, Florida

11 months ago

Get any plea deal in advance and IN WRITING. I got screwed over and as I walked into court my attorney said "they aren't dropping anything. You are being charged and catching all 4 charges" and there was nothing I could do....
Get it in writing!!!!

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Jaime Vandermark in Frazeysburg, Ohio

11 months ago

Bluetea in Texas said: Drop the charges or plead guilty to a misdemeanor. Most companies ask "Have you ever been convicted of a felony?".

Whey they asked Ted Bundy that, he said, "Convicted? No, never convicted".

The state picked up the charges on all three so I can't drop the charges. In Ohio they ask have you ever been convicted of a misdemeanor or felony other than minor traffic violations.

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Bluetea in Texas

11 months ago

Jaime Vandermark in Frazeysburg, Ohio said: The state picked up the charges on all three so I can't drop the charges. In Ohio they ask have you ever been convicted of a misdemeanor or felony other than minor traffic violations.

See an attorney or move.

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Bluetea in Texas

11 months ago

Jaime Vandermark in Frazeysburg, Ohio said: The state picked up the charges on all three so I can't drop the charges. In Ohio they ask have you ever been convicted of a misdemeanor or felony other than minor traffic violations.

No easy answer for this one. You can 1. See an attorney. 2. Move. 3. Start your own business.

I did a temp stint once for a guy who wore an ankle bracelet. Course, he was the owner of the company.

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Jaime Vandermark in Frazeysburg, Ohio

11 months ago

Bluetea in Texas said: No easy answer for this one. You can 1. See an attorney. 2. Move. 3. Start your own business.

I did a temp stint once for a guy who wore an ankle bracelet. Course, he was the owner of the company.

I have an attorney and he says I'm going to have to plead guilty to something but he hasn't spoke to the prosecutor to say what I have to plead guilty to yet. It is ridiculous and I have no money to start my own business I have been unemployed since I moved back 4 months ago. It's ridiculous.

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Jaime Vandermark in Frazeysburg, Ohio

11 months ago

In Ohio you can't get hired if you have a misdemeanor on your record in the last 7 years. Especially one that is considered a violent crime.

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jobseeker in Bethesda, Maryland

11 months ago

celeste in Winona, Mississippi said: Thank you so much for responding. I guess we're in the same boat. It is really hard, especially trying to convince people that you did not do what the background check reveals. I can even prove that i was in another state during the time of the alleged offense which is in a different state. but it does not matter. after being escorted off of numerous jobs, i've basically given up. thank you for responding, your email gives me some encouragement in knowing i'm not the only person in the world going through this. Identity theft basically kills any and every attempt at having a positive future. I do believe it is truely the most insidious, soul-destroying crime perpetrated upon an individual. It just stops you in your tracks. Your entire world ends at the moment someone uses your identity and commits a crime. I've lost my home, job, friends, my church and family members. And, you're unable to re-start your life, because that 'problem' follows you wherever you go, what ever you do. It does get extremely depressing at times, but I try, not very well, but i still try to trust that somehow, god will make a way for me to live. i will keep both of us in my prayer. thanks again for responding. keep in touch.

Most of it is a lie. If you have undisputed evidence of being at different location at the time of alleged incident that serves as irrefutable proof of your innocence.
There are channels (lengthy , via State AG and others) where you get assisted to clean up your record when you have a proven evidence of ID theft. It's not a cakewalk but doable.
Why do you mislead readers?

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jobseeker in Bethesda, Maryland

11 months ago

Almostthesame situation said: I was accused of something that I did not do. But since I am an African-American living in a white suburb, my attorney told me that I couldn't win and that I would spend a yr or more in jail. I was offered a plea of a "deferred prosecution" which meant that if I did what the court asked me I wouldn't be prosecuted. I asked the lawyer several times if I would lose my current job and he adamantly denied that I would. I took the plea, lost my job within two months, lost my townhome because with that plea I couldn't even work at a Walgreens.

I am sorry about your situation I know how it feels and I send you prayers and hope that both situations change for both of us.

Your attorney is an idiot and a slob. You should have fired him, unless you were guilty as charged and he merely advised that it was futile to pretend you are innocent.

State has obligation to prove charges beyond reasonable doubt. The jury does play role, of course. But still, State must have evidence of your guilt , not mere allegations.
Also, your attorney could request change of venue (if believed your would be prejudiced) and play role in a jury selection.
In any event, you don't just plea when you know you are innocent.
That's not how criminal justice system works here (although many of those who would want to put you in jail while knowing you are innocent wish it was that way).

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blue in Joliet, Illinois

11 months ago

jobseeker in Bethesda, Maryland said: Your attorney is an idiot and a slob. You should have fired him, unless you were guilty as charged and he merely advised that it was futile to pretend you are innocent.

Sometimes, before we go to school and have a decent college education, we listen to the public defenders, and later we realize what a paid attorney could have done. Instead of trying to seem high and mighty against a bunch of people who have various problems, from being set up, or have had someone steal their identity, or being in a family fight, why not just give bias advise about what they could do, rather than what they should have done? You'll come off as helpful, rather than kicking someone while they are down. You might get a thank you, rather than having us think you are a d.i.c.k. You don't know the meaning of criminal justice. I don't think there is even truly justice. Criminal justice really means that now you're screwed and we'll see you soon cuz most people are not strong enough to figure out life before or after a crime. Our only options are to be honest on the applications and fill out apps at temp services or start our own businesses. Get yourselves back in school like I did, and be very professional. My boss even apologizes when he cusses in front of me because I'm so professional. I lied on my application though. I might get fired if they find out, but eventually I got tired of being overlooked cuz of that f word

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blue in Joliet, Illinois

11 months ago

Shea in Minneapolis, Minnesota said: Just one question for those that actually did the crime? Why did you do it in the first place?

My best friend's best friend set me up with a narc to get himself out of trouble. He did that to a few people. I was just the middleman though. He set up big drug dealers too. I probably could have beat the charges if I paid 4000 for a lawyer. That would have been money well spent. My public Defender lied and said that it would not be a problem for me to find the same type of jobs that I had been working for the past 4 years. 5 years later, I'm just hoping to get my record sealed next year. But, I am back in school, decently into my degree, high GPA, and I'll come out on top. Life will not get me, I'm gonna win this uphill battle. As if things weren't hard enough already, but I'll keep moving. I pray for us all. Don't fall into repeat offenses. You can make it out, just stay determined.

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blue in Joliet, Illinois

11 months ago

blue in Joliet, Illinois said: My public Defender lied and said that it would not be a problem for me to find the same type of jobs that I had been working for the past 4 years. 5 years later, I'm just hoping to get my record sealed next year.

He lied. I cannot work in my normal field because everybody does background checks and does not hire felons.

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EJ in Seaford, Delaware

10 months ago

I committed a crime back in 01 under 18.. After it caught up with me n i said enough 8 years later got it expunged... or so i thought. State of Delaware failed to expundge records correctly n not proof of nothing. Kept my documents. N still have 2 charged that should have been taken off but did not. Contacted each county n all see where they have messed up but wont take it off. Knowing they messed up but failed to do it correctly. And expect me to file expungment n then expect me to get a pardon now that im over 18 n then grt it expunged. Never got a job ob my own. Only threw word of mouth. That one thing i did stupidily over a decade ago still haunting me.

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Challenges of Life in Houston, Texas

9 months ago

I am a convicted Felon, and currently on probation for a scam that I got caught up in. I was self employed and the felony is over a check that was overlooked, now the scam I got caught in trying to build my business and not know that the people which whom I was introduced was crooks. I lost my license with the state because the economy failed and I was not able to pay the restitution. Now 8 years later I still can't pay the restitution and the Judge told me to go clean toilets, but make it my priority to pay that bill. I have children and their father my husband passed a couple of years ago, and if it was not for his pension I would be living under a bridge. There are opportunities out here that will help us change our struggle, as I was reading all of the many post, I do believe it people were to come together and create an opportunity life will be much better for us all.

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blue in Joliet, Illinois

9 months ago

There has got to be something that we can do to change this. Why will they fill the warehouses with undocumented workers who have already committed identity theft, and they will not hire someone with a bad background? I wish someone would do an internal investigation on all the companies in Joliet Illinois so they will have no choice but to accept us with our accidents that happened in the past. I was set up by someone who did not want his full time, and because I would not snitch, and took the advise of a Public Defender, now I cannot find a good job. Don't worry people, I have an idea and if it will work out and come together, I will be able to help us all, but you might have to move out this way. :) Pray for me...

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Dave in Duluth, Minnesota

9 months ago

blue,

I agree with your post. We are at a disadvantage because we were born in this country. Illegal aliens have MUCH better opportunities for finding gainful employment than we do. It is extremely frustrating as to how the system and our society operates today. Being charged or convicted of certain types of crimes is essentially like being sentenced to death. I believe that the government and courts are aware of this. They are trying to eliminate people with criminal records from the workforce.

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1974 Tiffany in Kennewick, Washington

9 months ago

Hello, I have a 2013 driving while suspended; 2013 medical deferred dui, marijuana paraphernalia, resisting arrest; 2011 reckless endangerment; 2003 deferred DUI; these have impaired me from getting a teaching job. now I'm just looking at receptionist or admin. assist. positions. I've been out of work for two years. will all these charges show up on a background check? do the deferred show up as deferred? do you have suggestions as to what I can do? I've shared with school districts my background because they ask; should I share with potential employers..I need guidance because I don't know the next steps to take. Thank you, I really appreciate your advice.

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Dave in Duluth, Minnesota

9 months ago

1974 Tiffany in Kennewick, Washington said: Hello, I have a 2013 driving while suspended; 2013 medical deferred dui, marijuana paraphernalia, resisting arrest; 2011 reckless endangerment; 2003 deferred DUI; these have impaired me from getting a teaching job. now I'm just looking at receptionist or admin. assist. positions. I've been out of work for two years. will all these charges show up on a background check? do the deferred show up as deferred? do you have suggestions as to what I can do? I've shared with school districts my background because they ask; should I share with potential employers..I need guidance because I don't know the next steps to take. Thank you, I really appreciate your advice.

Unfortunately for you, finding employment as a teacher will be impossible. In fact, finding any job will be challenging because of the nature of, and how recent some of your convictions were. The overwhelming majority of employers will conduct background checks and find out about all of your charges and convictions, so it is best to disclose your criminal history when asked to do so. For the time being, try to find a job working for a "mom and pop" type of company. If you can find a business which is owned by older people, they are less likely to conduct criminal background checks. Most small businesses do not have the resources to pay a third party background screening firm to conduct checks. However, the owners of those business's can conduct their own background checks. Older people are less likely to be computer literate. Today, everyone is capable of conducting background checks on anyone. All you need is a computer and an internet connection. The best advice that I can give you is to not get into anymore legal trouble and take any reasonable job that you are able to attain. Any positive cash flow is a plus. Staying busy helps you to keep your sanity and puts something on your resume that shows employers that you have been actively employed.

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katherine.tappen@gmail.com in Dallas, Texas

6 months ago

Good day. I stumbled across this site and thread through Google. I have been trying to compile a site (FB for now) that is filled with online legit business opportunities specifically for people struggling with employment due to pesky background checks. Why? Because I have a love one framed and in federal prison and I have learned so much about what to expect once released back into society. Funny how (but not LOL) one pays their dues to society however society continues to kick one down without any real reasoning. Anyway I still have so much to learn but it is clearly a fact that there are no background checks in the online world! Ever! You just have to know what your doing in order to avoid all the online scams. Yep I've lost a little money and I've made a few profits but I'm still seeking, struggling and learning. I want to officially launch my site in 2014 but won't until it's 100% flawless. I test drive every online biz before I add them to my site. My most current project will be to learn how to may profits selling E-books!

Anyway, I would appreciate any feedback, positive or negative in this thread. I'm open to any and all feedback. Just speak freely with me. I am genuine sincere when I say best of luck to you all.

KT

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tom in Cape Coral, Florida

5 months ago

Jaime Vandermark in Frazeysburg, Ohio said: I recently had an incident where my mother and sister both attacked me hitting me in my face and head several times so I started swinging to defend myself and get them off me. I then got into my car, left the scene and called the police. When they arrived they said that my mother had a scratch on her lip so all three of us went to jail for domestic violence. My attorney is telling me that I am going to have to plead guilty to something but he is not sure what the prosecutor is going to offer at this time. I am a professional who just gave up my job in New Jersey to come back to Ohio to be closer to family and I know this is going to kill my chances of ever finding a professional career, any advice?

this is why I NEVER call the police unless a serious emergency; maybe not even then.

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Dorothy in Washington, District of Columbia

5 months ago

Sheri Wanless in Apple Valley, Minnesota said: Working in HR and Payroll the people that usually fail the test do have a criminal background as well
as being tested positive for drugs once your new company sends you to do your drug test.

Don't mean to sound rude or disrespectful, but what point are you trying to illustrate or point out???

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Screwed In Florida in Port Saint Lucie, Florida

4 months ago

I got convicted of Burglary of a Conveyance in 1994, which is a Felony in Florida. I was like 35, single mother of 2. It was my ex boyfriends car...parked, windows down, doors unlocked, to retrieve my CD's that were in his car that he wouldn't return to me. No violence, no breaking anything. I got a public defender (pretender) because I was strapped for money. I had NO prior arrests for anything, ever. I had no idea what was going on in court...my defender said blah blah and before I knew what was going on, it was over. Years later I apply to get my real estate license, 2003 and I disclosed my felony conviction and no big deal. I get State licensed and things went really well after that. Market took a dive and 10 years later I'm looking for a job and nobody will hire me because of the Felony on my record. I mean nobody! I have years of administrative and customer service as well as sales. I spent my savings, sold my car and living in a boarding house barely scraping by. Unemployment finally cut me off after a year and a half. I am single, 55 and no future of ever having any kind of life because I didn't have the money to spend on an attorney to be properly represented. Sucks to be me!

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In Dallas Texas in Orlando, Florida

4 months ago

I started this group, a place to share your thoughts, if you want. The group name is "Life After Prison" if you care to join. Just go to Facebook and input the below. Again, it's simply a place for like minded folks to vent.

Life After Prison. Employment, Background Checks, Expungement.

Thank you.

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rob in illinois

4 months ago

blue in Joliet, Illinois said: There has got to be something that we can do to change this. Why will they fill the warehouses with undocumented workers who have already committed identity theft, and they will not hire someone with a bad background? I wish someone would do an internal investigation on all the companies in Joliet Illinois so they will have no choice but to accept us with our accidents that happened in the past. I was set up by someone who did not want his full time , and because I would not snitch, and took the advise of a Public Defender, now I cannot find a good job. Don't worry people, I have an idea and if it will work out and come together, I will be able to help us all, but you might have to move out this way. :) Pray for me...

This makes me mad. I too have a criminal record for DUI..I completed treatment, I am paying on my fines, I spent nearly a year in county jail, and I will be off probation next January. I have a Masters degree and can't find work. However, I look around me and I see illegals who broke the law getting here getting hired, getting special treatment by our Government (The Dems and some of the Repubs want to hand amnesty out to more than 12 million illegals). If they get amnesty then why shouldn't I?

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James Taylor in Latham, New York

3 months ago

"The reason why more and more companies are asking the dreaded criminal background question is by requests from the state and federal government and the companies insurance providers. Lets start with these companies insurance providers, most insurance companies that are covering these businesses require that all prospective employees undergo a background check or the business will not get coverage by the insurance company. See, the insurance company feels that if employers that are under their insurance policies and coverage, make prospective employees undergo a background check that there's a less chance of employee theft, workplace violence, sexual harassment, etc.. Which means that the insurance company feels they wouldn't find themselves paying out hundreds of thousands of dollars should a "convicted felon" do something illegal on the job.
The problem with that is, all these workplace shootings such as the African American guy that shot up and killed people at the military base in Washington D.C. about 5 months ago who by the way had a HIGH LEVEL government background too and a "clean record" so NOT having a background is no guarantee of a good safe employee..
Finally I want to touch on the state and federal government. Did you know that privately run prisons will bill the states their prisons are located if the beds & prison cells aren't fill?? That's right they are CHARGING STATES if enough people DON'T COMMIT CRIME & GO TO JAIL. They scarlet letter of "F" for FELONY can make those that are weak minded to do illegal things just to make ends meet and end up right in one of those lovely privately owned prisons just waiting for a bed & cell to be filled...

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