Ryno03272009

Here is the situation,

I was recently given a conditional letter of employment for a job which I would like to pursue as a career and eventually retire from.

While in the application and hiring process for this job I chose not to disclose something from my background which involved the the police, lawyers, court and fines for a guilty verdict of a "violation" (less than a misdemeanor) - I was caught smoking pot with friends. That incident occurred almost 10 years ago and has been "expunged" from my record meaning, legally I do not have to disclose it happened.

I have been OK with not telling my past and present employers because nothing shows up on a civilian and FBI fingerprint background check but the problem is... I found out even with the record expunged the police report is still available to "authorized" background investigators - people with law enforcement credentials.

I have to put in notice at my current job and I am worried that this will pop up and I will have my job offer withdrawn and then I will be out of a new job and a old one! BUT... Even more difficult is having to live with the idea that I had to lie to get this new job.

I never was a pot smoker I just was in wrong place with wrong crowd when a silent walking Chief of police caught me with the joint in MY hand which being passed around. So now all I can do is pray and hope for the best outcome which is they either don't find it on my background check or they find it but do not care due to my more recent professional work experiences and educational accomplishments.

Kitkat331

Is the job you're pursuing in law enforcement? What makes you think the "extended" info will even be available to the new employer?

It really sounds unlikely that they would find it or that they would care if they did. I am rooting for you--hope it works out for the best!!

anykey

If they want you they will let it slide.

yeahgr8

So whatever you achieve in the new position you will always know that you lied to get the job and are a fraud, also that at any time you can lose your job if for example a new policy is put into effect with the company wherein they start using a new system to vet new and existing employees. That sounds pretty s**t to me, I know I went into a job in the same situation. Why don't you contact someone at the new job and be honest off the record to test the water?

Oldselfagain

That is a completely inappropriate comment and certainly not supportive to the OP. The OP is looking for support here not to be called a fraud!

I probably wouldn't worry too much about it unless you're applying for a job in law enforcement where they can get access to expunged records.

RevivingOphelia

I'd stay with your decision not to disclose and deal with whatever happens if they do happen to find out (which I highly doubt).

Music

I'm with you. This would bother me more than anything. This is why I believe in full disclosure, even as it applies to my alcoholism. All my employers have been aware that I'm an alcoholic since the day I walked into AA. A guy I used to sponsor came to me in your same situation. He had applied for a job with the post office and had been to treatment and had a record of DUIs. I suggested to him that it would be better to be up front and let the chips fall where they may. Even if his truth wasn't discovered, the fear of the discovery at some future point would always be there. He was truthful and still works for the post office. Of course, the lesson here is don't quit one job before you have another job but that ship has already sailed.

Disclosure not only brings out the truth which sets you free, but also makes me more accountable to the people I've told. I suggest you be truthful. You never know. They may already have the answer to the question.

caboblanco

why are you worried? you don't have to mention that information. are you applying for work to be a police officer or for the cia? otherwise I don't understand your concern.

full disclosure is not a good idea. Only tell them what you are required to if it's something like this. Telling them about your alcoholism is never a good idea and none of their buisness

Tiptree

I would not disclose unless I was subject to a security clearance investigation where failure to disclose would be considered more negatively than the "violation". Other than for high security clearances (secret, etc.) employers usually won't expend the time or money to go looking through old records. They hardly will ever call old employers or look at transcripts let alone look for expunged files. If you do get the job, do it to the best of your abilities and be a positive influence to those around you. That's what matters in the long run. If your "violation" was more serious or hurtful to someone I might have a different perspective on it.

karate

I would like to know the exact wording of the question .

I have the same questions on my app.

I think you are ok

readerbaby71

agreed!

tomsteve

this is a rather tough one, but im glad yer concerned with it.
I was once told in situations like this to be honest,not stupid. im thinkin since it was expunged to keep silent unless asked about it. it could be possible that if the new job works out good and they are happy with your performance after a while, you could talk to your boss about it.

Music

I kind of agree with the above to a point. If they ask, you can almost bet they already have the answer or know how to find out. If I wanted to find out now honest a person is, I'd ask a question I already had the answer to. So, be careful. I have to disagree about the alcoholism. Might not be any of their business, however, to disclose who you are, IMO is a plus and has never hurt me. Matter of fact, it's helped me because I've been given the opportunity to do a 12 step several times which is beneficial to me. Again, if they ask directly, give them an honest answer. Also IMO, it is fraud to lie, or to accept something under false pretenses.

LBrain

I agree with oldself about that y8 post - WAD!

Anyway, I know a gentleman who was hired where I worked. A couple months into it the HR/security folks came to him and asked about a dui he had years back in a state 3000 miles away. He said it was expunged and shouldn't be on any records, that's why he didn't report it on his application. Well guess what. Don't believe that because a record was expunged they won't find it. This guy was summarily dismissed and escorted off the property in the snap of a finger. Thanks for playing our game, no consolation prizes and don't come back. I witnessed it.
Depending on the type of job you take, they will find out everything -EVERYTHING! - about your past. Even if it's 20 years old, they can get it.

My job required a semi-annual background check, financial, mental & physical exams - you name it. If I wasn't 100% I didn't work, or I lost my job. If anyone at my place got arrested for ANYTHING and didn't report it to corporate security within 24 hours, thanks for playing our game.
So for people to say not to worry about something they don't know about is bad advice.
Depending on the circumstances surrounding your job, I would go straight to them and tell them you remembered something and wish to amend your application disclosure statement.

PurpleKnight

I do agree anything new should be disclosed immediatly, but in the context of things from the past I wouldn't loose sleep over it, if you don't have to legally disclose anything from over 10yrs ago and it's removed from the record, then how is that doing anything wrong, or a "fraud"? . . . you're within the law!!

Plus how are employers able to see or check that far back if it's not a legal requirement that someone still has a record after such a time, and if it's off your record, where would this information come from, the relevant authorities would simply say there is nothing on the record in line with the 10 year policy, it'd have to be someone working inside the local authorities with access to the info prior to it's deletion, and even that surely would be a breach of some serious privacy of information laws.

Possibly the US dosen't have such laws, I can only speak for the UK/Ireland!!

ScottFromWI

I would agree that if it is legally expunged from your record don't worry about it. You aren't lying by not disclosing it, because legally it never happened.

I had a DUI over 20 years ago which was legally expunged from my record - they have changed the rules since then but at the time, a first offense DUI basically got erased from your record after 10 years. So while I know I made the mistake, legally it never happened.

Ryno03272009

The reason I know the police report will show up is because the military found it when the SSgt ran a address check on me years ago. But that was no big deal because all I had to do was get a waiver to get in. Interestingly, to get a waiver for military I had to track down court records and records of expungement and the courts had no record of it. There was just the police report.

Yes, the job I am applying for is in law enforcement. But between the military, and my jobs in security and my degrees related to criminal justice and justice studies I have made many friends in the past ten years that know me as a sober responsible adult who has never been in trouble. They didnt know me when I was drinking heavily more than 5 years ago - and even if they did, I never got into trouble as far as they know. They support me going into law enforcement and They will never understand why I have been putting off that career for many years now. I get asked regularly "what are you still doing in security with your background and education?!"

So, I have decided to take a leap of faith. With this employer, there is no polygraph - if there was I wouldn't even bother. I figure like some of you have said... If they want me and they find it they will overlook it.

With regard to how the question is asked... "Have you ever been detained by law enforcement for any reason other than a traffic ticket?" No way of me getting around that one! Even tho in my particular case I was not arrested, not fingerprinted, no booking photo taken, etc. I was just "cited And released" or given a "summons en leu of arrest" I still was detained when the cop stopped to talk to me. Another question asks if I ever had to go to court? Yes, but all of this information has been expunged so legally, I should not have to disclose it.

Someone made a comment about the best way to tell if someone is honest is to know the answer ahead of time and ask them about it. I completely agree... However, I have never been asked specifically about this offense. Had they brought it up or IF they bring it up in future I will just reply that it has been expunged so I do not think its necessary to disclose that info. If thy then tell me what they know and ask for clarification I would tell them but only because they know the basics. I dont feel it necessary to tell them everything. Also, I feel that was a learning experience. I was a dumb kid and succumbed to peer pressure and I got in trouble and my "friends" didnt. I am sure I will use that experience to be helpful should I be allowed to continue with my new job.

With regard to my alcoholic past. In one interview I was asked "how often do you consume alcohol?" I told them not at all. They of course were surprised and asked when last time i drank was and I told them more than five years ago. They Asked why I dont drink and I told them because it doesnt make sense. People drink, they get happy and then stupid and end with either a bad headache or being sick.

ElleDee

I really don't believe that getting caught with a joint 10 years ago is going to make a difference. If it was expunged and legally you don't have to disclose it, then they couldn't even say you were lieing on your application. Try not to worry... almost everything we spend time worry about never happens anyway.

karate

I have two rules .

1- never tell all you know .

2- apply rule #1

Joe Nerv

I know people who haven't gotten jobs because they told everything. And people who've gotten jobs because they didn't. The fraud comment, IMO is ridiculous. Truth is you had a moment of bad luck. The reality of your incident wouldn't be of concern to anyone. If you tell them of the incident, chances are pretty good that you're not going to get the job. If they find out, the worst that could happen is you don't get the job. If they do find out and question you on it, you can honestly say you were told it was removed, explain the situation as you did here, and tell them you would have to be crazy to mention it as it was (and is as far as your police record is concerned) NOT an issue. I don't there's a whole lot of harm in playing dumb in such a situation.

Anytime I'm asked, unless if by a doctor, about my alcoholic past I keep it to myself. It's nobody's business IMO. Alcohol and drugs are absolutely NOT a problem in my life, and the general public doesn't understand how this whole alcoholism/drug addiction thing goes, anyhow. Or maybe they do. If I had an important position to fill and had to choose between 2 equally qualified people, one with no history of alcohol and drug abuse, the other with a year clean and sober, I'd choose the former. I've worked with drug addicts who went back out. One while in college who stole everything he could get his hands on, including my boss's expensive bicycle and the computer from the office where we worked. Having a "recovering" person working for me would be a liability, unless I was certain they were sober for a sustained period of time, and/or I knew them well.