[game_edu] Criminal record?

Casey O'Donnell caseyod at msu.edu
Wed Sep 12 15:33:43 EDT 2012




> Does anyone out there whether there is a common policy on criminal records, or do different companies just wing it?


It really depends on the company, but if the company has ANY HR knowledge, chances are good that the question will get asked. It's a liability issue. Really small companies may not do it, but they do it at their own legal and financial peril.

The key for your student is to not lie and answer the "have you ever been convicted of a felony…" question honestly. If they lie there's no way to get past that and it's even a good way to get fired regardless. If the issue relates to job duties, then they can be excluded. If not, then legally, they shouldn't be excluded.

All of that said, it only matters if they're convicted of said assault. If it's in-process it will show up too. But if they're acquitted or the charges are dropped, they don't have to mention it. Ultimately though, if they're convicted of 3rd degree sexual assault, that relates to pretty much any company workplace job duties and they'll be set aside.

[Just went back and read your email again…] The student clearly plead guilty, so they've been convicted of a felony, which will be dropped to a misdemeanor (assuming they complete probation). Some applications mention felony's specifically (and omit misdemeanors). Just be honest.

(Channeling my partner, who is a PHR and Senior HR Generalist)

Casey


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