I received a misdemeanor public intoxication and felony obstruction of an officer over 2 and a half years ago. I am on my states pre-trial diversion program. I know this is going to show up on a criminal background check until I complete the program next February. Will a company not hire me even though I have never been convicted and just charged? My case is open until I complete the pre-trial program.
Thanks for your help.
Regards,
J
Will Pre-trial diversion hurt my job search?
Hello J,
Generally speaking, Pre-trial Diversion is usually used for first time offenders of lesser crimes. There are certain terms (usually probation and a fine) attached to pre-trial diversion that must be met. Once the terms are met, the charges are then dropped.
In most cases, employers only ask about convictions and not charges. Always pay attention to the wording on applications. If the application asks for charges, list your charges. If it asks for convictions, only list convictions. Since the charges will be dropped, there is no conviction. In my professional opinion, this will be a non-issue. I wouldn't worry too much about it.
If it still bothers you, find out if expungement is an option in your state. Expungement is a legal process that will hide your charges from public view. To get more information, I suggest you contact your local legal aid office to see if this is an option for you. If so, they may offer assistance getting it done.
I hope this helps.
Jobs for Ex-offenders and Felons: Employment Background Checks: Know Your Rights
Jobs for Ex-offenders and Felons: The Truth About Background Checks
Jobs for ex-offenders and Felons: Expungement of Criminal Records
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The most overlooked and discriminated against segment of the American population is getting a well need boost. More and more people are looking for ways to help ex-offenders and felons better re-integrate into society. The closer we look at this, we find that the better we are able to help previously incarcerated individuals, the better off we all will be.
We will look at:
Incarceration in America
Fair Chance in Employment
Fair Chance in Education
Incarceration in America
The United States has the highest incarceration rate in the entire world. The International Centre for Prison Studies estimates that 724 out of every 100,000 American is in prison or jail.
There are over 600,000 people released from American jails and prisons every year. There are more than 70 million people in this country with some type of criminal record. Many want desperately to put their pasts behind them but their records continue to haunt them and ruin their chances to get jobs. The best and most important factor in the successful transition to society is that they find gainful employment. For most, this is not easy. In fact, some find it next to impossible. Without employment, many with criminal records will find themselves once again on the wrong side of the law, while others will will become burdens on the economy.
In the past, it was believed that ex-offenders and felons being shutout of employment was part of their sentences. It was almost guaranteed that people with criminal records would be routinely discriminated against when it came to employment and educational opportunities.
It cost about $40,000 to keep a person incarcerated. With a job, instead of going back to prison or becoming a drain on social services resources, previously incarcerated people could become taxpaying, law abiding citizens. This a win for society, the economy, families and individuals. With unemployment rates being the lowest in decades, employers are in need of qualified applicants to fill open positions. The Fair Chance initiative will be great for companies too.
Fair Chance in Employment
One of the most progressive initiatives of Barack Obama's administration was called the Fair Chance Pledge. The President called on businesses and educational institutions to help make this country stronger by pledging to remove barriers to employment and education for people with criminal records.
“Around 70 million Americans have some sort of criminal record … Now, a lot of time, that record disqualifies you from being a full participant in our society — even if you’ve already paid your debt to society. It means millions of Americans have difficulty even getting their foot in the door to try to get a job much less actually hang on to that job. That's bad for not only those individuals, it's bad for our economy. It’s bad for the communities that desperately need more role models who are gainfully employed. So we’ve got to make sure Americans who’ve paid their debt to society can earn their second chance.”
- President Obama, November 2, 2015
Sen. Booker introduces the Fair Chance Act
Though President Obama is no longer in office, many more companies and educational institutions have accepted the challenge to help remove the barriers that having a criminal record has placed in front of so many people. Four years ago, only 12 or so companies signed the pledge. The list now numbers in the hundreds. Large, mid-sized and small businesses all over the country have signed the pledge to help remove barriers to employment that ex-offenders and felons face.
These companies have pledged to:
Ban the Box
There are no questions on initial employment applications regarding criminal history. This allows employers to establish potential employees' qualifications. Background checks will only be done if the candidate is being seriously considered for employment. Of course the nature of the applicant's conviction will be taken into account.
Fair Chance Job Fairs
These companies advertise that their job fairs offer fair chance opportunities
Train Human Resources Staff on Fair Chance Practices
Managers and human resources staff will be trained to make fair hiring decisions as they relate to people with criminal records. They will keep accurate counts of those hired
Fair and Accurate Background Checks
They will use background check providers who provide current and accurate information.
Fair Chance Internships and Training
People with criminal records will have equal access to internships and training opportunities
The next step would to be to include Fair Chance for Occupational Licensing. Currently many trades that require licensing or certification are closed to ex-offenders and felons. Lawmakers and community action groups are pushing to make it easier for previously incarcerated people to obtain licenses. This would make it easier for people with criminal records to have job opportunities in healthcare, trade unions and other occupations
The fair chance initiative can give both applicants and hiring companies a valuable opportunity. Employers will be able to meet qualified candidates they might otherwise have overlooked, and previously incarcerated people get a shot at the second chance they need to help turn their lives around.
Fair Chance In Education
An estimated 70 million Americans have had contact with the criminal justice system. Statistics illustrate that non-whites are incarcerated at higher rates and face stiffer penalties than whites. This is attributed to racial profiling by police, limited access to proper legal defense and other factors. This disparity has a negative effect on families, communities and our society.
Beyond the Box
There is an increasing understanding that education plays a huge part in successful transition from prison to the greater society. Research shows employment and or education reduces the likely hood that individuals will re-offend by over 40 percent. It makes sense that the best way to ensure that formerly incarcerated people do not go back to prison is to remove the barriers to not only employment, but to education. This means that institutions of higher learning should have admissions practices that do not exclude those with criminal records. Part of these practices is not using one's legal past as criteria for admission. Also criminal records should not be used to determine eligibility for federal financial aid.
Educational institutions understand the value of classroom diversity and creating an atmosphere of inclusion on their campuses. They understand that educational opportunities translate into employment opportunities which in turn means safer, more prosperous communities. There advantages to the schools too. Schools that pledge fair admissions practices are eligible for grands and other federal funding for programs that help those with disabilities. There are also correctional facilities that partnering with colleges to provide degree programs and vocational training that will translate into greater employment opportunities upon release.
You can get a list of companies and schools who have taken the Fair Chance Pledge as well as other companies that hire ex-offenders and felons Click Here
Jobs for Felons - 10 Types Of People To Get Out Of Your Life
I work with people with criminal records who want to get jobs and turn their lives around. I tell them that there are three things they must change to put their pasts behind them. The have to change the places they go, change the things they do and most importantly change the people they spend time with. No matter how hard you work to get your life in order, certain types of people will drain energy from you and in the end will ruin all of your efforts. If you want to give yourself the best opportunity for success, you must remove these types of people from your life: 1. Haters These people are never happy for anyone - including YOU! They never encourage anyone or happy about anyone else's success. They may be your friend, but they will not be happy if you are successful. In fact they will probably have something negative to say or devalue whatever you accomplish. 2. Manipulators Manipulators are very sneaky. They pretend to be friends. They may know a lot about you and use what they know to get you to do what they want. 3. Unreliable People These people never show up on time, never do what they say they will do and know matter how many favors you have done for them, always have an excuse when you need a favor from them. 4. People who love to Argue These people will argue with anyone, anywhere, about anything. They don't even have to know what they are talking about, they will argue. It you say something is up, they will say its down. These people will drain your energy and bring you down every time. 5. Gossips These people talk about other people all of time. They can't help themselves. They will even try to involve you in their gossiping. Because they can't help themselves, they will also talk about you, when you aren't around. 6. Time Wasters These people usually have no goals and very little going for them so they have no sense of time. Because they have no sense of time, they have no problem with wasting yours. They may try to have you join them playing video games or talking about thing that really have no value. When you look up, you have wasted valuable time that you could have devoted to doing something positive. 7. Drama Queens and Kings These people always bring drama wherever they go. They always have some type of negativity going on at all times. They do not get along with others and have often start the nonsense. Be careful you might one day become part of the drama. 8. Naysayers These are people who are constantly tell you what cannot be done. They will always tell you why you shouldn't do something rather than the good things that could happen. If you let them, they will attempt to crush your dreams and goals. 9. Victims These people constantly talk about what life has done to them or how someone has done them wrong. They never talk about what they are doing to make the situation better. They just complain and wallow in self-pity. 10. Dishonest People These are the people who lie, cheat and steal on a regular basis. Dishonest people always will have trouble because they are not to be trusted. Who wants to be around people that cannot trust?
If you are trying to build a new life for yourself, eliminate these people. The more time you spend with them, their habits and attitude will slowly rub off on you. You deserve to have positive, supportive and loving people in your life. Getting rid of some people is addition by subtraction. In fact, life is too short to spend time with people who do not want you to succeed or help you to be better. Not everyone in your life is meant to stay there.
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Jobs for Felons - 10 Types Of People To Get Out Of Your Life
If you are a convicted felon between the ages of 17 and 35 the military may be the perfect opportunity to put your past behind you.
There are many benefits to a career in the military:
Pay and benefits
An enlisted person's salary starts at around $20,000 a year plus full benefits, not including monthly allowances of up to $1,500 depending on where he or she is stationed.
There are enlistment and re-enlistment bonuses can be over $20,000. If you find that the military is a good career, you can get a full pension after serving 20 years or more. You will still be a young man when you retire. You can get a job or start a new career while collecting a full military pension.
Full medical coverage for you and your family.
When you join the military, you are immediately eligible for full health care benefits for yourself and your immediate family members and if you stay through until retirement, you and your family can take these benefits with you when you leave the military. These health benefits also apply to spouses and children.
Skills and training
The military is a great place to get training in basically any field. You may also qualify for college or vocational training that can translate into a career after you leave the service
Education opportunities after you leave the military
The GI Bill pays veterans who served at least 36 months a monthly living allowance and full tuition to pay for college after they leave the military. Depending on how long the service member commits, this benefit can be used by spouses and children of veterans.
You can buy a home with no money down
By serving in the military, you will qualify for loans to purchase a home with no money down. This benefit will be available to you even after you leave active service
No Unemployment
There is no unemployment in the military. While other Americans struggle with unemployment, rising cost of living and other economic difficulties, the military provides employment and benefits for all who are eligible to serve.
The military will ask about any records of arrest, charges, juvenile court adjudications, traffic violations, probation periods, dismissed or pending charges or convictions, including those which have been expunged or sealed. All government agencies including the armed services have access to all records.
Having a criminal record will not automatically disqualify you from joining the military. An applicant with a criminal record may obtain a something called a “Moral Waiver." You can find more about Moral Waivers and criminal records from a military recruiter.
In the past, the Army has been the most lenient branch of the military and have a better record of granting Moral Waivers.
Law Violations (Trouble) Prior to Military Service
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My name is Steve. I am 24 years old. In 2009 I
committed a crime consisting of Vandalism, Burglary, and Arson. I had
never been in trouble my entire life and grew up in a strict household.
I was with five other guys and I was the oldest. I was the only one to
turn myself in and give a full statement on the matter. It landed me on a
four year probation term and after that, it will be expunged from my
record. (THAT WAS THE PLEA AGREEMENT). It happened in Tennessee and now I
am currently living in Fort Wayne, IN.
There are a lot more jobs up here
than down there but the problem I am facing is that when I go to a temp agency that IS SUPPOSED TO HELP FELONS FIND WORK they tell me that my
current felonies together seen on paper would make it really hard for a
potential client to take interest in my employment. I DONT KNOW WHAT TO
DO. I have not been in trouble since my sentencing. I am a proud step
father now of three and I have already completed two full years on my
probation.
Felon can't get by Past Criminal Record
Hello Steve,
I'm sorry you are having so much trouble. I meet people everyday that have done some really stupid things when they were younger and are still paying the price as they get older. My advice to them is to apply, apply apply for as many jobs as they feel they are qualified for. I tell felons looking for jobs that finding a job is a numbers game. The more jobs you apply for, the more interviews you will get. The more interviews you get, the greater the chance you will find an employer who will give you a shot a job. Felons get hired everyday. It's all about finding job leads and applying.
When you get an interview and the question about your record comes up, acknowledge that you made some mistakes when you were younger. Don't spend a lot of time talking about the mistakes, but focus on the things you have done to improve yourself and your attitude since. You may say something like this:
I was into some things when I was younger that landed me in jail. Jail is a tough place to be but I made the best of a bad situation. I had a job which taught me respect for authority and patience through hard work. I can honestly say, today I am a different person than I was going in. If you give me this opportunity I’ll make the most of it.
As far as applying to temporary agencies, you may have more success applying to small privately owned agencies rather than large national companies. Smaller businesses in general are more flexible when it comes to hiring felons. Use the state sponsored employment service. Each state has a network of offices that assists individuals in finding jobs. They also provide a long list of services that help you get a job or find a career. Some services are, resume preparation, and interviewing skills. There lists of open jobs in your area. Each offices has trained counselors that can provide individualized assistance. Many of the counselors have experience helping ex-offenders and felons get jobs. You can find the nearest office in any community at:
Jobs for felons: Ten Simple Steps to Getting a Job with a Criminal Record
Jobs for Felons: Know your rights in regard to Criminal Background Checks
Jobs for Felons: How Employers Look at Criminal Records
Companies Hire Felons | Companies That Hire Felons | Companies That Hire Ex-offenders | Employers That Hire Ex-offenders | Employers That Hire Felons | Jobs For Felons | Jobs For Ex-offenders | Jobs That Hire Felons | Resumes for Felons | Felon Friendly Jobs | Felon Friendly Employers | Jobs for Felons | Jobs For People That Have Felonies | Jobs For People With A Criminal Record
Generally speaking, Pre-trial Diversion is usually used for first time offenders of lesser crimes. There are certain terms (usually probation and a fine) attached to pre-trial diversion that must be met. Once the terms are met, the charges are then dropped.
