Expungement and Job Applications
- 0Jun 4, '12 by malamud69I am a new nursing student working as a CNA. I just had a misdemeanor from 20 years ago dismissed and now expunged. The record still keeps showing up all over the internet. I have already spoken to my BON in my state(Ct.) and they are only concerned about felonies. (This was a misdemeanor possession of drug paraphernalia...) It was not an issue when I applied to several LTC facilities...They could care less it seemed, or they are so desperate for warm bodies, it did not seem to be an issue. I am currently in the process of getting my EMT license and hoping to start working as an ER tech etc...I am very concerned when it comes to the application.( Hospitals are notoriously strict in their hiring practices and I believe if presented with two great/identical candidates they will most likely pick the one w/o the "record" even if expunged/dismissed etc...) I feel(by law) that once the record is expunged I can say "NO" if asked about a record on the application, yet the stark reality is that it still exists out in the ether so to say. If I do say "no" on the application and the record shows up...even though expunged , I know I will never get that job...Its sad to say I have spent over $2000 dollars getting this record wiped and it really makes no difference. Anybody have a similar issue? I feel like I will forever be explaining why I had to write...misdemeanor, dismissed and expunged on my future job applications...I never really liked Nathaniel Hawthorne as a writer but I can really understand this "scarlet letter"!?!? Any input will be greatly appreciated...
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- 0Jun 6, '12 by Saab93I will state NO on application. Its your legal right to do so according to the law. If you get denied of your job position, ask HR or manager why you did not get picked and if they brought up this expunged/vacated charge as a reason, take them to the court as they legally can not do that. Judge will not like them because it's the judge who says you can legally say no on job application so you will win the case and get some money. Not only does that help you financially, but it will teach hospitals to not to do that anymore for any future candidates. Good luck.
- 0Jul 12, '12 by chelc13I am curious, I was just offered a job at a hospital and I am suppose to get fingerprinted next week. I have had my misdemeanor expunged, but I know that alot of times it will still show up on a live scan. Now I do not know if I should disclose that I have had a misdemeanor and have had it expunged, or not to disclose it. I do not want to seem like I am hiding anything, but the job offer is from one of the best hospitals in the area and I feel like I will not be offered the position if I tell them. Is it legal for them to withdrawl my application after showing my expungment?Can anyone help, Im so excited and so worried at the same time!
- 1Jul 12, '12 by Meriwhen Senior ModeratorQuote from chelc13Your criminal history is not a protected class, and many employers do exercise the right to withdraw job offers based on the background check. As far as whether it's legal given you have an expungement...I'm not a lawyer: you need to ask the legal professionals that.I am curious, I was just offered a job at a hospital and I am suppose to get fingerprinted next week. I have had my misdemeanor expunged, but I know that alot of times it will still show up on a live scan. Now I do not know if I should disclose that I have had a misdemeanor and have had it expunged, or not to disclose it. I do not want to seem like I am hiding anything, but the job offer is from one of the best hospitals in the area and I feel like I will not be offered the position if I tell them. Is it legal for them to withdrawl my application after showing my expungment?Can anyone help, Im so excited and so worried at the same time!
Since you have the expungement, as far as what the legal correct answer is to the "do you have any criminal convictions?" question, again, that's a question only a lawyer should answer.
A criminal record doesn't automatically disqualify an applicant; employers often consider them on a case-by-case basis, and many nurses with records have been able to work as nurses. If you know this misdemeanor will more than likely show up, IMO it's better you be up front about it and explain about the misdemeanor and that you had it expunged, etc. I think you'd fare far better than if you didn't tell them about it and they find out on their own, because then you may not be given the chance to explain.
Best of luck.
- 0Jul 13, '12 by NRSKarenRN Adminimportant points to remember if you’ve ever been convicted of a crime
- even if you have been told a conviction has been expunged, sealed dismissed, dropped, closed, etc., it may still show up on your fingerprint report.
- you could have been convicted even if you didn’t spend any time in jail.
- criminal convictions include misdemeanors and felonies.
- if you answered “no” and the board finds you have a conviction, your application will be denied as a fraudulent application.
please see our stick advice found at bottom of forum:
faq: nursing licensure with criminal history