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 On Friday, I got a call from a senior HR person who informed me that their offer may be rescinded because of a misdemeanor marijuana charge (disposition was adjudication withheld so not a conviction but not a dismissed charge either) from 2002 that came up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?

[Vee D, ADN]

On 7/16/2022 at 9:16 PM, LexiB said:

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.   

So u rather just have it out in the open and on your record? How much sense does that even make. OMG think. If you're not using common sense now yet you expect to work in nursing ? Come now

[LexiB, BSN, RN]

On 7/17/2022 at 7:44 PM, K. Everly said:

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. 

Thanks, you've made some good points. 

[LexiB, BSN, RN]

For anyone wondering, the employer did not rescind their offer and I have a start date! I appreciate the support and good advice given.