Misdemeanor Preventing Hiring

[LexiB]

So I got my BSN in May. I applied for a nurse residency job on a Sunday, got a call for a phone screening on Monday, asked for an in-person interview the next day, Tuesday, and was given a job offer two hours after the interview. On Friday, I got a call from a senior HR person who informed me that their offer may be rescinded because of a misdemeanor marijuana charge (disposition was adjudication withheld so not a conviction but not a dismissed charge either) from 2002 that came up as a result of my background check. I did not state it on my application as it was not a conviction, but not stating it is part of what this employer is upset about. 

Moving forward, if this job rescinds their offer and I am continuing my job search, how would you suggest informing employers of my record? If the question isn't asked on the application, do I bring it up during an interview? Is it likely that all employers are going to be concerned about a twenty-year-old, nonviolent crime that I wasn't actually convicted of?

[LexiB, BSN, RN]

On 7/7/2022 at 12:02 PM, LexiB said:

I was 20.

@hppygr8ful Thanks for the response! An attorney did say that I am eligible to have it sealed, but I'm not sure I want to seem like I'm hiding something. 

[hppygr8ful, ASN, RN, EMT-I]

30 minutes ago, LexiB said:

@hppygr8ful Thanks for the response! An attorney did say that I am eligible to have it sealed, but I'm not sure I want to seem like I'm hiding something. 

 If you were so if this happened roughly twenty years ago you are somewhere around 40. If you have not had any other legal problems you should petition the court to expunge this from your record when this occured. Many people do incredibly stupid things when they are young that should not have to effect their futer prospects.

[mushyrn, BSN, RN]

I would do my best to get it expunged. That would essentially legally mean it never happened, from what I understand about expunged records. 

[Nurse_Mike, ADN, RN]

The place I work at only asked something like the past 7 years.  They are all different. 

[DeeAngel]

Get off the internet and hire a nurse specialist attorney, it’s the only way to get this resolved.

[Famturn]

On 7/6/2022 at 10:03 PM, LexiB said:

"....I did not state it on my application as it was not a conviction, but not stating it is part of what this employer is upset about." 

Hello. Sorry about your difficulties. Prior to going back to school, I was in law enforcement for over 20 years with a few different agencies. Adjudication withheld will always come up on a criminal record check because it is still an open case in most circumstances. Though it's not a conviction or an admission of guilt, the case is in abeyance, (kind of like limbo), until the defendant completes the requirements of whatever agreement was worked out. Again, this is what it means in most circumstances,  I'm not sure of the details involved in your case. I'm not giving you legal advice, but, since it will show up on any background check, I would disclose it. Reading your post, it seems the issue was that it wasn't disclosed. I would hire an attorney to see how you can get it cleared and then expunged. Until then, I would disclose it so this doesn't happen again. I wish you all the best!

 

[K. Everly, BSN, RN]

On 7/13/2022 at 9:35 AM, Famturn said:

Though it's not a conviction or an admission of guilt, the case is in abeyance, (kind of like limbo), until the defendant completes the requirements of whatever agreement was worked out. Again, this is what it means In most circumstances

There is a particular state, Florida, where they have something called a “withheld adjudication.” It does not mean the same thing as a deferred adjudication.

Deferred adjudication usually results in a dismissed or reduced conviction after the terms of the agreement reached (such as restitution or probation). 

A withheld conviction, at least in Florida, is a different beast altogether. Not sure if this is what the OP is referring to. It’s possible they have this type of conviction in other states as well, but not in all. A “withheld adjudication” is a weird permanent state of limbo whereby the person will always have this on their record and it will show up - and depending on the background check used, it will look different. It’s basically the armpit of all plea agreements because in terms of future employment, it practically looks just like a standard conviction of guilty. I don’t even know why they call it “withheld,” because that’s BS. 

EDIT TO ADD: one can get a “withheld adjudication” conviction sealed or expunged from their record, but only in specific circumstances and only when it is the persons only single lifetime offense. To OP, I personally would get this sealed or expunged if it’s possible for you. It’s a very personal decision but if it were an option for me personally, I would jump at the chance. 

[Vee D, ADN]

On 7/8/2022 at 2:43 PM, LexiB said:

@hppygr8ful Thanks for the response! An attorney did say that I am eligible to have it sealed, but I'm not sure I want to seem like I'm hiding something. 

Hiding something? What are u even talking about? Makes no sense. 

[LexiB, BSN, RN]

On 7/14/2022 at 4:01 PM, K. Everly said:

There is a particular state, Florida, where they have something called a “withheld adjudication.” It does not mean the same thing as a deferred adjudication.

Deferred adjudication usually results in a dismissed or reduced conviction after the terms of the agreement reached (such as restitution or probation). 

A withheld conviction, at least in Florida, is a different beast altogether. Not sure if this is what the OP is referring to. It’s possible they have this type of conviction in other states as well, but not in all. A “withheld adjudication” is a weird permanent state of limbo whereby the person will always have this on their record and it will show up - and depending on the background check used, it will look different. It’s basically the armpit of all plea agreements because in terms of future employment, it practically looks just like a standard conviction of guilty. I don’t even know why they call it “withheld,” because that’s BS. 

EDIT TO ADD: one can get a “withheld adjudication” conviction sealed or expunged from their record, but only in specific circumstances and only when it is the persons only single lifetime offense. To OP, I personally would get this sealed or expunged if it’s possible for you. It’s a very personal decision but if it were an option for me personally, I would jump at the chance. 

Yup, we're talking FL. From what I understand withholding judgement (adjudication withheld) is a decision by the judge done to prevent a conviction on one's record with the expectation that it is unlikely further trouble will occur. Well, I didn't end up racking up any convictions but for all the future employment trouble, it might as well be a conviction.

Yes, I am eligible to have my record sealed. My hesitation is that I have a dismissed driving infraction from 2004 that shows up on a background check. The attorney I consulted pointed out that a level 2 background check would show that something is sealed, along with the driving charge. Potential employers may wonder "what are they hiding?" when they see the two search results.   

 

[LexiB, BSN, RN]

On 7/15/2022 at 1:04 PM, Vee D said:

Hiding something? What are u even talking about? Makes no sense. 

I am eligible to have my record sealed. My hesitation is that I have a dismissed driving infraction from 2004 that shows up on a background check. The attorney I consulted pointed out that a level 2 background check would show that something is sealed, along with the driving charge. Potential employers may wonder "what are they hiding?" when they see the two search results.   

[CalicoKitty, BSN, MSN, RN]

Employment checks generally will not be able to check for expunged/sealed records. Some boards of nursing will (and they mention it on the application process). Some jobs potentially (maybe flight nurse for the president or something that needs a more 'secure' background check). Sealing past stupidity is not the same thing as "hiding something". Especially since MJ is legal in so many states, I'd consider it just clearing soemthing that should never have been there in the first place.

[K. Everly, BSN, RN]

22 hours ago, LexiB said:

The attorney I consulted pointed out that a level 2 background check would show that something is sealed, along with the driving charge. Potential employers may wonder "what are they hiding?" when they see the two search results.   

I understood what you meant when you described it before, and still, I would seal it. It won’t show up in all states or on all background checks that way. 

And, if someone really does hold it against you for “hiding something,” I wouldn’t want to work for them. You would be utilizing your rights by sealing. Despite how ridiculous it is to be discriminated again for a weed violation at 20 y.o., some employers will have an objection to a drug charge.