Navigating Background Check Dismissals: Steps for Career Success

Understanding the Difference Between Dismissed and Sentence Suspended

When facing a background check flagged for a felony case that was either dismissed or the sentence was suspended, it's important to understand the nuances of these outcomes. Being dismissed from a criminal case indicates that you were never convicted, whereas a suspended sentence means that you were convicted, but did not face immediate punishment.

Legal and Financial Consequences of a Flag on a Background Check

If the case was dismissed but remains unmarked as such, you can legally pursue compensation by suing the background check company, as they have misrepresented your record. Even if a case is suspended, you should disclose the conviction on your application. Honesty is key, as attempting to mislead can lead to severe consequences and difficulties in the hiring process.

Employment and Background Checks: What You Need to Know

Most employment background checks focus on convictions rather than arrests, with a few rare exceptions, especially in fields like law enforcement and those requiring security clearances. However, thorough investigations can still occur, as demonstrated in government contract jobs where extensive background checks are standard.

Addressing Identified Issues or Concerns

When background check issues prevent hiring, you are typically given the opportunity to address and resolve the matter. The most effective resolution involves providing all necessary documentation, including court filings and any supportive documentation that can mitigate your situation. It's critical to act promptly to increase your chances of successful resolution.

Expungement: Clearing Your Criminal Record

Expungement is the process by which information from your criminal record can be legally removed. Each jurisdiction has its own process, so contact your attorney, the court, or local court clerk for the appropriate steps. The Fairfax County Government provides an example of expungement processes.

The Impact of Employment Suitability and Security Clearances

Different organizations have varying policies regarding hiring individuals with past felony convictions. For example, the Drug Enforcement Agency (DEA) has a zero-tolerance policy for drug use, while the U.S. Army may offer waivers for past drug use. Security clearances, in particular, can be highly restrictive, with some organizations prohibiting hiring individuals with specific past convictions.

Whole-Person Review and Case Age

The hiring process considers the entirety of your background, which includes your age at the time of the incident and any other relevant factors. Older incidents are generally viewed more favorably, as the organization measures the time since the event occurred. In some cases, a specified period must pass before eligibility for hiring is considered.

Understanding and properly addressing these issues can significantly impact your career prospects. Honesty, thorough documentation, and proactive measures like expungement can greatly enhance your chances of successful employment. By navigating these challenges effectively, you can pave the way for a successful professional life.