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what comes up on background check if one had a conditional discharge in past....

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  • Apr 30th, 2008 8:55 pm
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Jun 6, 2007
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Toronto

what comes up on background check if one had a conditional discharge in past....

Am posting this for a friend of mine who is actually a well-established member but is feeling shy or ashamed i guess. so i told him i would do it for him since this is really important for his future.
we both just graduated from university and have opportunities to two great jobs in different locations though.
anyways, my friend was involved in a foolish situation which resulted in an arrest for fraud under $5000. he was more or less guilty by association in my opinion. Anyways he given a conditional discharge and 1 year probation which he finished last year. So basically, arrested in 05', went to court a year later in 06' where he was granted a conditional discharge with community service and 1 year probation which he has completed in mid 07' since last year.
it is now 08' and he is applying for a job within our company (same company we work for now but a more better-paying , well-qualified position).
He has gone for the first interview and feels very much that he will get the job but is scared on what will happen if a backgraound criminal check is done.
Does anyone have any idea what might happen?
What will the record show?
Will it have been cleared out since it was a conditional discharge and not a convictable offence?
Will the employer see this?
I also asked him to go before hand and request a criminal record check tomorrow at the local police station.
Will whatever shows up be what employers see if they conduct a background check?
any info is appreciated. this is my best friend and am very concerned about him. And am sure he will have tears in his eyes when he reads this post :D

Any info from any police officer or HR person or anyone is appreciated.

thanks
olddog
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Oct 21, 2005
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Hmm Fraud is sketchy business.

It really depends on what type of institution he is working for. I think it's safe to say that any financial institution would not hire you if they discovered you were charged with fraud. Most times it's based on discretion, but I think he might have a few issues unfortunately
[OP]
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jonno wrote:
Apr 29th, 2008 11:46 pm
Hmm Fraud is sketchy business.

It really depends on what type of institution he is working for. I think it's safe to say that any financial institution would not hire you if they discovered you were charged with fraud. Most times it's based on discretion, but I think he might have a few issues unfortunately
its a telecommunication company. so will his record still show it even if it was a conditional ischarge he finished alreasdy?
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May 23, 2006
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In a conditional discharge, the conviction is erased as soon as the conditions are finished - or at least they should be. Best to check to make sure it has been erased.

With a conditional discharge, the conviction is completely erased - its as if the conviction never happened (which means you can cross the border into the US, as you don't have a criminal record). This is different than a pardon, where the conviction still stands but it cannot be held against you for employment, etc.
Member
Aug 7, 2002
223 posts
2 upvotes
Victoria
It will still show up.

The background checks have different levels:

1) Has the person ever had a conviction
2) Has the person ever had a conviction which was discharged
3) ..
4) Are there any records in the police system about the person being investigated for a crime.

I was assaulted at one point and since I spoke with the police, my background checked "May or May Not" for #4.
Member
Aug 7, 2002
223 posts
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Victoria
rborek wrote:
Apr 30th, 2008 12:45 am
In a conditional discharge, the conviction is erased as soon as the conditions are finished - or at least they should be. Best to check to make sure it has been erased.

With a conditional discharge, the conviction is completely erased - its as if the conviction never happened (which means you can cross the border into the US, as you don't have a criminal record). This is different than a pardon, where the conviction still stands but it cannot be held against you for employment, etc.
Entering the US is not always that easy. If the US receives notification of the conviction within the one year period, they do not care if it was discharged. You will still be hassled.
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May 31, 2007
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I think all they are asking for is, "do you have a criminal record". In his case, since he has a discharge, he has "no" criminal record.

Other than a record check, which you have to obtain in person, police will not share their inormation and files with a regular employer for the purposes of employment, unless you are applying for a job where you need govenment security clearence.
[OP]
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Jun 6, 2007
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so he just contacted me that he just recieved a background record report from the York regional police for $40.
i am looking at it now and the paper outlines the accusations:
-possession of stolen property
-stolen identity with intent
-fraud under $5000
and it states that there was a conditional discharge given.

will this come up when employers do a check.
will this impact any job opportunity as of now since it is still on the record. the agent said i would erase automatically next year because conditional discharges erase out of a person's record 3years after the start of the discharge. (absolute discharges erase after a year)
do u think he will still be considered for the job if this shows up on his background check.
he did excellent on the interview and most likely will get the job. but we are scared he will be declined after the background checkhe case of a background check, he will check that he has no criminal record because upon completion of a conditional discharge, they is no record. but this dischagre on his record will be hard to explain to the employer.
should he tell them ahead of time when they request authorization for a background check?
also, shouldn't they skip a background check since he is just transferring to a higher position within the same company?
i want my long-time friend in the same department/field...

please advise guys....anybody to talk to; lawyer etc..
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Sep 5, 2006
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These are not accusations but convictions, whereby he is convicted of being guilty. It will show up during a company's background check depending on the level of search conducted. If it is just basic level search, most likely it will just indicate as "not cleared" or a record may exist.

All your friend can do is explain to management that he commited those when he was naive or stupid etc and leverage his existing performance to prove to them that those convictions have no impact whatsoever to his performance. It is very common nowadays to conduct a check on employees who are getting a promotion because there are legal responsibilities as one moves higher. Btw, was he convicted before he got hired or after he got hired?

The only thing he can do is wait until the 3 years is up which is when his record will be sealed.
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olddog wrote:
Apr 30th, 2008 6:47 pm
he did excellent on the interview and most likely will get the job. but we are scared he will be declined after the background checkhe case of a background check, he will check that he has no criminal record because upon completion of a conditional discharge, they is no record. but this dischagre on his record will be hard to explain to the employer.
should he tell them ahead of time when they request authorization for a background check?
also, shouldn't they skip a background check since he is just transferring to a higher position within the same company?
Just have him be honest with his employer, and have him ask that he has has had a conditional discharge, but not sure how to enter it as if he has a criminal record or not (don't have him mention what it's for though). A background check is important especially if he is in a position where he has tons of personal info. The fact that his conviction was fraud may be a big problem, so he needs to be upfront about it.
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