Man Fired After Employer Learns of Trespassing Misdemeanor 40 Years Ago

[xchrom]

http://www.alternet.org/activism/man-fired-after-employer-learns-trespassing-misdemeanor-40-years-ago




Earlier this year, when Donel Fuller applied for janitorial work in San Francisco, he believed he had correctly completed the application, especially the questions about his criminal history. He listed his prior convictions and was soon hired. But six weeks later, they fired him when a background check revealed that he had a trespassing misdemeanor back in 1974.

“I didn’t even remember that,” he said. It was in ’74, 40 years ago. I put down the ones I did remember.”

Then Fuller’s plight got worse. His search for work included checking off the criminal history box, which is listed on millions of job and housing applications nationwide. He said he “felt miserable.”

“People will never get a job if they’re looking for stuff way back,” he said, saying his decades-old mistake is keeping him from getting hired today.

[loli phabay]

1. kinda dumb but a lot of employers have a zero tolerance for ommitting criminal past

though if something like this from so long ago is put on the app then they will not hold it against you as long as you do list all offences.

[no_hypocrisy]

2. I'm an attorney, doing a package of expungements

for a client. My first time. Thirteen arrests with four convictions. Starting in 1976.

If a court expunges your record, it is scrubbed, meaning when anyone researches your criminal history, it's blank.

One reason why employers and the like do this background check is liability. Their insurance carriers insist on it, to avoid prospective trouble with claims of "negligent hiring". If something happens and a background check wasn't done, insurance may not pay for the damages.

It's nonsense, but for the timebeing, that's how it is.

If you have an arrest (no conviction) or a conviction for even a minor offense, it wouldn't hurt to have it expunged. Some states put up the forms online and you can do-it-yourself. In this economy, you have enough challenges finding work. Do yourself a favor.

[winstars]

4. Expunging you record of small offenses from a long time ago? What are the parameters

that states use? I have never heard of this except in your were a minor at the time. Can you tell us more about this?

[former9thward]

5. I file these from time to time in AZ.

The judge looks at how long ago the offense occurred, whether all aspects of the sentence were fulfilled, any problems since then and any comments the prosecutors office may have.

[no_hypocrisy]

13. In my state, there are no time parameters.

You tell the judge the date, the crime, the summons #, and your restitution and penalty.

The sole delineation to my knowledge is felonies won't be expunged. Larceny is a petty crime and can be expunged. Armed robbery is a felony and won't be.

[winstars]

16. So maybe if I knew a guy, in NY, who maybe had a misdemeanor from 40 years ago he could possibly...

No really, that would be me.
Sorry.
I just saw American Hustle earlier today and Christian Bale is in my head. Amazing movie...

I will look into this because when traveling for work sometimes this question comes up for visas...

Thanks

[SheilaT]

3. This is the extreme opposite

of those employers who never check anything in an applicant's background.

[gopiscrap]

6. that's fucked up

nothing should be allowed to go to an employer that is more than 10 years old

[Lost_Count]

7. Would you be ok with a pedophile...

Who had been caught at his last crime in 2003 working at a school?

[gopiscrap]

8. if the person was not working

with kids, after 10 years yes..there has to be a point of redemption in a humane society

[loli phabay]

9. or embezzlement, theft, or violent crimes etc.

[madville]

10. Not that uncommon

Most that check catch it before the hire though.

I was talking to the owner of the company that cleans our office building and mentioned I noticed he had some turnover lately. He said he has to be particular about new hires because they're bonded, he won't hire anyone with theft or burglary convictions for example. Said it's just not worth the risk since there are expensive and/or personal items in most offices.

[Trillo]

11. But, but, I thought it was a "Christian" nation.

Not much forgiveness in that guy's experience, not in 40 years.

There certainly is something wrong if folks cannot change and improve themselves as they age, and that improvement is ignored when it comes to legal survival activities.

[Lurks Often]

12. Probably less about the crime and more that they think he lied on the application n/t

[Adrahil]

14. There should be a sunest period on such things...

But seriously, the guy was convicted so many times he couldn't remember them all? o.0

[MoonchildCA]

15. This just really brings to mind what a nephew of mine posted on fb a couple days ago.

He served time in jail for some really poor decision making in his youth, and getting mixed up in gang activity.

Here is his post:

"I was thinking and although I dont have the best job in the world it's definitely not the worst. I'm fortunate to be where I am now and to those of you who are in a position to give someone a job or will be in the future when a ex-felon comes in looking for a job please evaluate that person before turning them away.some of us want to succeed and it's rare we are given a chance.Luckily I had the support of my family and ONE person out of I dont know how many who decided she would give me a job.If it weren't for them I likely would of went back to doing the same stuff I always did and there would of been another lunatic running the streets. after over 7 years in prison I have been out for over 3 and a half and with the exception of excessive spooling on occassion I have been a outstanding citizen and great employee keep this in mind before you judge someone on their past and dont complain about how people continue to go back to prison and break the law if you yourself were quick to deny them a chance to live another way."

I think it really gives us all something to think about.

[awoke_in_2003]

17. This is why people don't protest...

with the job market as tight as it is, even a misdemeanor can make you unemployable.