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BACKGROUND CHECK |
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 Past scrapes with law may pop up in background check for job
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Dear CO-STAR:
I'm finishing up my last few classes at school and at the same time I'm starting to apply for jobs. Here's my problem. While I was in school I had a couple of scrapes with the law, underage drinking and little things like that. Will my potential employers be able to see this stuff if they do a criminal records check? And for that matter, will they do a records check? Are they allowed to?
Ross, senior, Public College, Virginia
Ross:
For the most part, employers are allowed to do criminal background checks when they're deciding whether or not to hire someone. There are a couple of sticky civil rights issues associated with checking them out [sometimes employers run into problems with discrimination laws if the background checks impact minorities disproportionately].
Doing a simple criminal record check is perfectly legal. In fact, in some instances, employers are required by law to do a background check before they hire a new employee. In most states employers in the health care, child services, elder care and disabled services industries have to run checks.
And, of course, so do most law enforcement agencies [duh].
I actually think a more important question than Can they? is Will they? and the answer to that is common sense. Apply for a job where you'll have access to sensitive materials or could really harm someone [i.e. all the jobs in the list of industries above] and there's a good chance your record will be sought. Apply for a job flipping burgers someplace and there's almost no chance at all.
Here's what I would do if I were you. First, find out exactly what your record says. Different states and municipalities have different reporting policies. Some leave off low-level misdemeanors. Others include pretty much everything. All you've got to do is go to your local courthouse and fill out a form or two.
Who knows, you might have gotten lucky and your rap sheet will be clean. I'm betting it isn't, since you mentioned underage drinking. A conviction like that usually shows up. Still, you might not be sunk. If it's your first offense you can probably get it expunged [essentially erased]. I would enlist the help of an attorney to do that. Don't worry, it shouldn't be too expensive to do since it's not a particularly complex procedure. And hey, isn't landing your dream job worth a few hundred bucks?
About the Author
C.L. Lindsay III is the founding executive director of CO-STAR, the Coalition for Student & Academic Rights, and author of the book The College Student's Guide to the Law: Get a Grade Changed, Keep Your Stuff Private, Throw a Police-Free Party and More! due out in August. CO-STAR is a network of lawyers, professors and students who work to protect academic freedom and constitutional rights at college campuses nationwide. If you have a question for CO-STAR, log on to their Web site at www.co-star.org.
The material in this column addresses general legal issues only. It is not legal advice and should not be relied on as such. It may or may not be appropriate to a specific situation. Laws and procedures change frequently and are subject to differing interpretations. This column is not intended to create, and does not create, a lawyer-client relationship and is not intended to be a substitute for legal counsel in the relevant jurisdiction.
How can I obtain a copy of my Georgia criminal history record?
Georgia criminal history records can be obtained from local Sheriff's or Police Departments. Please contact a local Georgia agency about specific requirements for obtaining a copy of your Georgia criminal history record.
What information is contained in a Georgia criminal history record?
The criminal history record includes the subject's identification data (name, date of birth, social security number, sex, race, height, weight, etc.), arrest data (including arresting agency, date of arrest, and charges), final judicial disposition data submitted by a court, prosecutor or other criminal justice agency and custodial information if the offender was incarcerated in a Georgia correctional facility.
Can I obtain a Georgia criminal history record of another person?
O.C.G.A. §35-3-35 (d.1) provides public access to felony conviction records without consent of the person whose record is being checked. Local law enforcement agencies may provide this information for a fee not to exceed $20.00. The subject's full name, race, sex, and date of birth must be provided at the time of the request.
A complete Georgia record may be obtained with the individual's consent. A signed consent form from the individual whose record is being sought must be provided to the local agency. Fees vary.
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