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NewJeffCT Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-13-05 08:38 PM
Original message
strange wording on employment application - help needed?
I'm filling out a job application and the following is a bit strange to me in the usual "have you ever been convicted of a felony?" line.

They have 3 choices:
"No record" (yes, it is in quotes)
Never convicted
Yes (if yes, give details)

To me, never convicted means that you may have been charged, but just not convicted. I've never gotten anything more serious than a traffic ticket. While "no record" to me, means no convictions and no charges... however, there is a lengthy qualification above it that says "an applicant for employment with a sealed record on file with the commissioner of probation may answer "no record" with respect to any inquiry herein relative to prior arrests, criminal court appearances or convictions. An applicant for employment with a sealed record on file with the commission of probation may answer "no record" to any inquiry herein relative to prior arrests or criminal court appearances. In addition, any applicant may answer "no record" with respect to any inquiry relative to prior arrests, court appearances and adjudications in all cases of delinquency or as a child in need of services which did not result in a complaint transferred to the superior court for criminal prosecution.

To me, the above qualification sounds like "no record" is a special legal term???
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baldguy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-13-05 08:52 PM
Response to Original message
1. You may have been convicted of a felony as a juvenile.
Once you reach the age of majority, without continuing your felonious ways, the records are sealed.
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NewJeffCT Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-13-05 08:53 PM
Response to Reply #1
2. ok, but what do I answer?
I've never been convicted of anything, ever.

does that mean I have no record or i've never been convicted?
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hickman1937 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-13-05 09:10 PM
Response to Reply #1
8. Not necessarily.
My daughter was convicted of drunk driving when she was 17. Her next one was at 24, and her records were available to the P.A. along with every encounter she had ever had with the police before she hit 18. Nothing is sealed.
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Bossy Monkey Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-13-05 08:58 PM
Response to Original message
3. It kind of looks like somebody adapted an online form to a paper one
Edited on Tue Sep-13-05 09:00 PM by undisclosedlocation
(assuming you're filling out a paper job application). This online version http://www.advocatesinc.org/job_application.htm has exactly the same wording, but allows you to choose a simple yes or no. It isn't all that clear either; presumably if you were in the No record category you would choose Yes and type "No record." As you're not in that category, you just put "Never convicted" and leave it at that.

If you google "'job application' 'no record' felony" you get a gazillion of these. It's possible that eventually you'll get a hit that explains in detail how to answer, but I haven't seen it yet.
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raptor_rider Donating Member (517 posts) Send PM | Profile | Ignore Tue Sep-13-05 09:01 PM
Response to Original message
4. "No Record"
would be the choice if there have been no arrests and no convictions. (My dad was a cop when I was a kid.)
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NewJeffCT Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-13-05 09:03 PM
Response to Reply #4
5. thanks
but, it looks weird because it is in quotes on the application and they have so many qualifications above it.
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Redstone Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-13-05 09:06 PM
Response to Reply #5
6. That IS odd. I'd cross out the "record" and circle "No."
But I always annotate those kinds of forms, especially if there's any bad spelling, grammar, or punctuation.

Are you surprised that I've never worked for a large corporation?

Redstone
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NewJeffCT Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-13-05 09:08 PM
Response to Reply #6
7. I think I will ask tomorrow
just to make sure.
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raptor_rider Donating Member (517 posts) Send PM | Profile | Ignore Tue Sep-13-05 09:23 PM
Response to Reply #5
14. If you want to make a amendment
stating that you have never or not been arrested for a felony, feel free to do so. Job applications are so difficult now these days.
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toey Donating Member (568 posts) Send PM | Profile | Ignore Tue Sep-13-05 09:14 PM
Response to Original message
9. i think you should put "N/A" after each one. n/t
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xmas74 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-13-05 09:14 PM
Response to Original message
10. It means no record.
Never convicted means that you were arrested but not convicted of the crime.

If you've never been arrested you would have no record. (former dispatcher-that's what the phrase means. No record is a good thing)
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LisaL Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-13-05 09:24 PM
Response to Reply #10
15. No.
You should answer "never convicted".
No record means you might have a sealed record.
http://web.mit.edu/hr/staffing/mit_application.pdf
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xmas74 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-13-05 09:42 PM
Response to Reply #15
19. In MO it means there was never a single record that
could be found on a background check. I ran statewide background checks for various jobs through the state of MO computer system (MULES). It can access all arrest records throughout the US. Depending on the job no record meant that you had a clean record-no arrests ever on the record(only difference would be if you wanted to be a patrol officer. Then I also had to check the driving record. Any driving convictions could count against you for a patrol division job.) I regularly ran the first part of the background checks for persons who wanted to work for area police and sheriff's departments. If they did not have any kind of record show up in NCIC than you checked off "No Record" on the application for background check (along w/ a print out proving what the computer had stated).
If you had been arrested but the charges had been dropped or it went to trial and you were found not guilty then you checked off "Never convicted". If I had to check off never convicted that meant that you were arrested, processed and are the proud owner of a SID and NCIC number (state and national fingerprint number). You could have an NCIC number w/o ever being arrested but that is a rarity (meaning you probably held a govt job-such as FBI-in which your fingerprints would be highlighted automatically upon a background check).
Never answer Never Convicted unless you have been arrested and processed. Most employers will dig deeper looking for the reason why you were not convicted. If they cannot find anything they will wonder why you answered that way. Never convicted means that you have been arrested somewhere for something. When I ran names through the computer system and they did not have a record of any sort it came back "No record on file".
Of course, not all arrest records are computerized. If you were arrested before 1980 there is a decent chance that, unless you committed a felony, you will not be on file. I ran those employee backgrounds for a couple of years-also ran them on handgun permits and for arrest warrants for a police department. That is exactly what the computer will say.
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KitchenWitch Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-13-05 09:15 PM
Response to Original message
11. Do not answer
and explain at the interview.
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enigami Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-13-05 09:22 PM
Response to Original message
12. Lie
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WannaJumpMyScooter Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-13-05 09:23 PM
Response to Original message
13. To me the only logical choice is no record
never convicted means you WERE arrested to me

shitty wording.

no record could also mean it was expunged too

but I think it is the best answer for your situation.
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LisaL Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-13-05 09:25 PM
Response to Reply #13
16. Not true. No record means your record might be sealed.
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xmas74 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-13-05 09:44 PM
Response to Reply #13
20. According to the state of MO no record means you
were never arrested. I ran background checks for police departments and that is exactly what it means. Never convicted means you were arrested, processed and fingerprinted.
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LisaL Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-13-05 09:28 PM
Response to Original message
17. Just put a "no" next to the question.
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Scout1071 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-13-05 09:35 PM
Response to Original message
18. Shit. Just tell your potential employer that you have never been
arrested, but you need clarification about the choices for that question. Just use a little humor and charm when you call or walk it back in and be direct.

Shoot, use the extra moment to make an impression on the person interviewing you.
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rug Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-13-05 10:05 PM
Response to Original message
21. They can't ask if you've been arrested.
This form is a sleazy way to evade it.

In context, you have no record of a felony. (An arrest means an allegation of a felony, not the existence of one.)

Answer no record.

If they ask your weight or religion, kick them in the bslls and sue their asses off.
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BiggJawn Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-13-05 10:22 PM
Response to Original message
22. What KIND of "traffic tickets"?
If it was Vehicular Manslaughter or OWI, you've got a problem.

If it's common garden variety crap, like speeding, not using your turn signal, etc, be advised that those are NOT Felonies, and you're gonna lose sleep tonight for no reason...
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