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InvisibleBuddha5254
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Registered: 04/23/00
Posts: 532
Law Question/Background Check Limitations
    #5849584 - 07/12/06 03:22 AM (15 years, 3 months ago)

Ok, I need some help here. Some states have limitations on what can/cannot be in a background check. I need to know what those are, for the state of Oregon. I am trying to get a job, and have had prior job offers be rescinded because of a couple of dumb convictions from when I was 18 (im 26 now). I have googled my ass off, but all that comes up are a million websites for background checks and Icant find much pure information. I tried the state of Oregon's website, but to no avail. Just so you know I had a conviction for drug paraphenalia and one for possession of a weapon on campus (a fucking pocket knife in my college dorm) and a dismissal of possession of marijuana in another incident. I have had two job offers rescinded because of this shit and Im tired of this continuing punishment. I just had to add that in, but I really DONT want a discussion of that aspect, I just need INFORMATION. Thanks a lot everyone!


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InvisibleAnnapurna1
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Registered: 05/21/02
Posts: 5,646
Loc: innsmouth..MA
Re: Law Question/Background Check Limitations [Re: Buddha5254]
    #5849770 - 07/12/06 05:23 AM (15 years, 3 months ago)

technically..irrelevant background checks are in fact illegal..but dont expect that law to be enforced ..

http://employment.findlaw.com/articles/2500.html

not only are new applicants being disqualified because of background checks..but even current employees have been fired as a result of this new power grab...

and like i said..there are no real limits on their usage either...but an applicant can refuse to give consent...and personally..i would be more than a little leery about working for some petty fascist that has to know about a swiss army knife that you owned in college...

in your case..however..it looks like you can prolly get an expungement ..

http://library.findlaw.com/2003/Jun/5/132788.html

this link is for NJ.. OR may or may not have a similar process...but you have to consult an employment attorney in your area...


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"anchor blocks counteract the process of pontiprobation..while omalean globes regulize the pressure"...


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Offlinezappaisgod
horrid asshole

Registered: 02/11/04
Posts: 81,741
Loc: Fractallife's gym
Last seen: 5 years, 4 months
Re: Law Question/Background Check Limitations [Re: Buddha5254]
    #5851327 - 07/12/06 06:24 PM (15 years, 3 months ago)

Do not listen to a single thing annapurna says regarding law. Her links are irrelevant as well. As an employer, I can refuse to hire you for any reason I wish except race, religion, gender, and maybe age. And I can always come up with something to hide that if I wanted to.

The convictions weren't dumb. You were. And you're stuck with them. What the hell are you applying for that that would come up anyway? I've never run a background check on anybody in my life. You fucked yourself. I'm sure they are much more concerned about the weapons charge, by the way


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OfflineRosettaStoned
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Registered: 05/29/06
Posts: 540
Loc: North America
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Re: Law Question/Background Check Limitations [Re: zappaisgod]
    #5851333 - 07/12/06 06:27 PM (15 years, 3 months ago)

Zappa you are such a nice person, I just want to give you a big hug.


--------------------
"Government big enough to provide you with all you need is also big enough to take everything you have." ~ Thomas Jefferson

"Without stupid, faggy potheads we wouldn't have wars." - Zappa


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OfflineChuangTzu
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Re: Law Question/Background Check Limitations [Re: Buddha5254]
    #5851343 - 07/12/06 06:30 PM (15 years, 3 months ago)

Convictions are public record. If I knew your name, I could look up those charges right now. If you have the money, try getting them expunged.


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InvisibleBuddha5254
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Registered: 04/23/00
Posts: 532
Re: Law Question/Background Check Limitations [Re: zappaisgod]
    #5851383 - 07/12/06 06:42 PM (15 years, 3 months ago)

There was no need to be rude, I'm in graduate school now and need gainful employement. Would you speak that way to someone in person? I doubt it, a computer screen is a nice shield to sit behind. Ive changed my life significantly since then and dont see why I should have to suffer because of it now. I did my community service. Also Its for a job being a courier. That's right, a courier. My last job paid 11/hour and was hard ass work, because other employers did background checks, that one did not. The other job offers that got rescinded? A tutor position, and a position teaching. Thanks everyone, except for zappaworshiper


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Offlinezappaisgod
horrid asshole

Registered: 02/11/04
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Re: Law Question/Background Check Limitations [Re: Buddha5254]
    #5851438 - 07/12/06 06:56 PM (15 years, 3 months ago)

Yes, I do speak that way to people in person. Might I suggest a different line of work, such as construction or the restaurant business. Your past behaviour has obviously removed couriership as a potential field of employ.

I would not have been so harsh if you had owned your behaviour instead of blaming it on your "convictions". Classic self delusional mechanism is to blame the mean ole Man for what you did. None the less, you seem like a nice kid who fucked up and I wish you well. Tough love, you know.


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Offlinefireworks_godS
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Re: Law Question/Background Check Limitations [Re: zappaisgod]
    #5851796 - 07/12/06 08:55 PM (15 years, 3 months ago)

Owned up to his behavior? :lol: Do you personally feel as though a paraphenlia charge is justified? :wtf: A paraphenlia charge is not "fucking up", it is simply an unfortunate situation in which an unjust law has been satisified, and now the person who has clearly done nothing wrong is paying the price.

When I applied for the job I have now, two years ago, they did not utilize background checks, and I did not inform them that I had a paraphenlia charge agansit me. I got the position, am a useful and skillfull employee, and have been advancing into management. We now do use background checks, and I certainly would not have been given the oppurtunity if I had applied after that.

The pocket knife in one's dorm charge is just as pointless, certainly not him "fucking up". I see no need to be irrational, certainly not in such an arrogant manner. :nonono:

I wish you luck on your job search. I would suggset retail, but I am not certain that your background check wouldn't interfere with that. :frown:

:earth: :sun: :headbang: :satansmoking:
Peace. :mushroom2:


--------------------
:redpanda:
If I should die this very moment
I wouldn't fear
For I've never known completeness
Like being here
Wrapped in the warmth of you
Loving every breath of you

:heartpump: :bunnyhug: :yinyang:

:yinyang: :levitate: :earth: :levitate: :yinyang:


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InvisibleBuddha5254
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Registered: 04/23/00
Posts: 532
Re: Law Question/Background Check Limitations [Re: zappaisgod]
    #5852687 - 07/12/06 11:46 PM (15 years, 3 months ago)

Well I dont consider what I did to be wrong, more a victim of the times. Have you ever done drugs? I would think so seeing as how you are a frequent contributor to a forum on a completly drug related website. but whatever


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Offlinelonestar2004
Live to party,work to affordit.
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Registered: 10/03/04
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Re: Law Question/Background Check Limitations [Re: Buddha5254]
    #5852900 - 07/13/06 12:24 AM (15 years, 3 months ago)

Quote:

Buddha5254 said:
a victim of the times.




and now you are a victim of Zappa? yall sound like kids...

I have made many mistakes in my life, and unfortunately some of them are on my permanent record. You just have to move forward.

I've had to deal with background checks the last few years to do VOLUNTEER WORK. (children involved)

I explained the situations/mistakes (none of them involved children) and they continued to let me work for FREE.

You will get through it.

P.S. Expunging will only work for court records. Not arrests or probation records. from what I understand.


--------------------
America's debt problem is a "sign of leadership failure"

We have "reckless fiscal policies"

America has a debt problem and a failure of leadership.

Americans deserve better

Barack Obama


Edited by lonestar2004 (07/13/06 12:28 AM)


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InvisibleAnnapurna1
liberal pussy
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Registered: 05/21/02
Posts: 5,646
Loc: innsmouth..MA
Re: Law Question/Background Check Limitations [Re: zappaisgod]
    #5853066 - 07/13/06 12:56 AM (15 years, 3 months ago)

Quote:

zappaisgod said:
Do not listen to a single thing annapurna says regarding law. Her links are irrelevant as well. As an employer, I can refuse to hire you for any reason I wish except race, religion, gender, and maybe age. And I can always come up with something to hide that if I wanted to.

The convictions weren't dumb. You were. And you're stuck with them. What the hell are you applying for that that would come up anyway? I've never run a background check on anybody in my life. You fucked yourself. I'm sure they are much more concerned about the weapons charge, by the way




fortunately..zappa doesnt make the laws..at least not yet...it would be interesting to see what kind of unemployment rate would result if he did...and BTW..heres another irrelevant link..which is more specific to california..but still useful ..

http://www.privacyrights.org/fs/fs16-bck.htm#3

IMAO..the following subparagraph is saying that some employers have jumped on the karl rove bandwagon.. using 9/11 as an excuse to power trip ..

Quote:

Terrorist acts of September 11, 2001, have resulted in heightened security and identity-verification strategies by employers. Potential job candidates and long-time employees alike are being examined with a new eye following September 11, 2001.




and zappa..could you pls enlighten the audience as to how a "conviction" for posession of a fucking swiss army knife would impede on ones' abilities as a courier?...damn right i dont know anything about the law..since i had no idea that you could even be convicted for that...


--------------------


"anchor blocks counteract the process of pontiprobation..while omalean globes regulize the pressure"...


Edited by Annapurna1 (07/13/06 01:13 AM)


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InvisibleGabbaDj
BTH
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Registered: 04/08/01
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Re: Law Question/Background Check Limitations [Re: Buddha5254]
    #5853152 - 07/13/06 01:16 AM (15 years, 3 months ago)

Quote:

try getting them expunged.




I did that and in your case it wouldnt be a problem.. Make a call to your local courthouse and ask to speak to a probation officer or someone in the local clerks office. All I had to do was write a letter to the judge who convicted me asking him to exponge my record because it was keeping me from getting good jobs and because I had been sooo good and not had any other incidents he did just that..

I had to do that to get a guard card so that I could get a weapons permit so that I could carry a gun. Which I never did do but I got my record exponged.

As for how legal it is, all they have to do is make you sign a release and they can look at anything they want. If you refuse to sign then interview over and you dont get the job.


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GabbaDj

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Offlinewilshire
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Registered: 05/11/05
Posts: 2,421
Loc: SE PA
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Re: Law Question/Background Check Limitations [Re: Buddha5254]
    #5853998 - 07/13/06 10:59 AM (15 years, 3 months ago)

there are some states that have laws on the books making it unlawful to discriminate in hiring based on criminal history unrelated to job performace. i don't know about oregon. an employer however could easily hide the reason for rescinding a job offer, or find a reason that your criminal history relates to job performance.

a weapons conviction is more of a concern than a drug conviction. explain the circumstances to the right people before they run the check and you'll have a better chance.

it should be possible to have misdemeanors from 8 years ago removed from your record, but i'm not familiar with oregon law on that. talk to someone who is.


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Offlinezappaisgod
horrid asshole

Registered: 02/11/04
Posts: 81,741
Loc: Fractallife's gym
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Re: Law Question/Background Check Limitations [Re: fireworks_god]
    #5855316 - 07/13/06 07:04 PM (15 years, 3 months ago)

Quote:

fireworks_god said:
Owned up to his behavior? :lol: Do you personally feel as though a paraphenlia charge is justified? :wtf: A paraphenlia charge is not "fucking up", it is simply an unfortunate situation in which an unjust law has been satisified, and now the person who has clearly done nothing wrong is paying the price.




I didn't say "own up to", I said "own".  That's different.  "Fucking up"?  It sure as shit was.  You have to be an idiot to get caught.  But I think his problem is the weapons charge, which was also stupid.  Really stupid.
Quote:



When I applied for the job I have now, two years ago, they did not utilize background checks, and I did not inform them that I had a paraphenlia charge agansit me. I got the position, am a useful and skillfull employee, and have been advancing into management. We now do use background checks, and I certainly would not have been given the oppurtunity if I had applied after that.

The pocket knife in one's dorm charge is just as pointless, certainly not him "fucking up". I see no need to be irrational, certainly not in such an arrogant manner. :nonono:




It's not pointless at all.  If he didn't think he could abide by the school rules he should have gone to another school.  Or ditched the knife.  That's it.  A conviction on a weapons charge is a complete killer for couriers.  Sorry, but the courier companies have to vouch for their employees, who are allowed unfettered access to businesses which usually have security forces at the desk, for good reason.
Quote:



I wish you luck on your job search. I would suggset retail, but I am not certain that your background check wouldn't interfere with that. :frown:

:earth: :sun: :headbang: :satansmoking:
Peace. :mushroom2:




I know I'm an asshole sometimes but I thought he wasn't accepting responsibility for the fact that he is the one who fucked up.  If you can't "own" your fuck ups you can't learn from them.  And here, too, is a lesson for all young people.  Most of what you will be doing from here on out will be closing doors, not opening them.  Your potential field of action gets smaller and smaller every year.  This is not etched in stone for everyone but for most people it is very true.
I truly wish you all the best life possible.  That doesn't mean I won't jump down your neck if I feel like it though.


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Offlinezappaisgod
horrid asshole

Registered: 02/11/04
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Re: Law Question/Background Check Limitations [Re: Buddha5254]
    #5855324 - 07/13/06 07:08 PM (15 years, 3 months ago)

Quote:

Buddha5254 said:
Well I dont consider what I did to be wrong, more a victim of the times. Have you ever done drugs? I would think so seeing as how you are a frequent contributor to a forum on a completly drug related website. but whatever




Not as far as any law agency knows. You don't think you were wrong? Did you not know the rule against knives at school? Or did you think you were special?


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Offlinezappaisgod
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Re: Law Question/Background Check Limitations [Re: Annapurna1]
    #5855327 - 07/13/06 07:12 PM (15 years, 3 months ago)

Quote:

Annapurna1 said:

and zappa..could you pls enlighten the audience as to how a "conviction" for posession of a fucking swiss army knife would impede on ones' abilities as a courier?...damn right i dont know anything about the law..since i had no idea that you could even be convicted for that...




Fucked if I know how you can get convicted for such a thing. But convicted he got, or so he says. That is the killer for courier jobs. Utter death. And for good reason. Why would they hire him when there are plenty of clean applicants?


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InvisibleBuddha5254
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Registered: 04/23/00
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Re: Law Question/Background Check Limitations [Re: zappaisgod]
    #5855481 - 07/13/06 08:12 PM (15 years, 3 months ago)

So you think I havent learned from this. you are right I did fuck up by having banned things in my college dorm room. Like a bowl and a swiss army knife. I have quit using drugs since and I have learned and changed significantly. Im in fucking grad school right now. So if there ever was a reformed criminal I am him. I just cant imagine how tough it must be for people that were convicted of a real crime. No wonder they just go back to jail.


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InvisibleAnnapurna1
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Registered: 05/21/02
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Re: Law Question/Background Check Limitations [Re: zappaisgod]
    #5855986 - 07/13/06 10:47 PM (15 years, 3 months ago)

Quote:

zappaisgod said:
ut convicted he got, or so he says. That is the killer for courier jobs. Utter death. And for good reason. Why would they hire him when there are plenty of clean applicants?




thats true about any job..not just a courier job...nor is it necessarily a "good" reason to disqualify someone either..especially when the charges are as baseless as in this case..


--------------------


"anchor blocks counteract the process of pontiprobation..while omalean globes regulize the pressure"...


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OfflineMicrocosmatrix
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Re: Law Question/Background Check Limitations [Re: Buddha5254]
    #5856152 - 07/13/06 11:36 PM (15 years, 3 months ago)

I think that zappa guy's advice is probably about as reliable as a wet McDonalds bag to carry a dozen hand grenades.


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:orly:



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Offlinezappaisgod
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Registered: 02/11/04
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Re: Law Question/Background Check Limitations [Re: Microcosmatrix]
    #5857401 - 07/14/06 10:59 AM (15 years, 3 months ago)

I didn't offer any advice other than to suggest he pursue employment outside of the courier field. Which is pretty obvious since none of them will hire him. Do you guys think he should sue the courier companies that won't hire him? Get a fucking grip. He SHUT THAT DOOR. All by himself.

Micro: So what do you carry your grenades in?


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