LAWYERS pls help re: PA SP Criminal Hx Check

StillHere

i have a question that i need an immediate answer to
actually a couple of questions
for you LAWYERS out there
i hope you can guide me
rather quickly

first question is..for PA Resident application to a PA Nursing Home Facility with a 12 yr ago drug conviction in New Jersey with prison time

1. will it be reflected on PA State Police Criminal History Check? We ran one ourselves and seems the answer is no...
(also statute says that if you have been a resident for 2 + yrs that no FBI cr hx check is necessary..so that leaves out interstate information, possibly)

2. IF the expungement process has been initiated (really, only preliminarily applied to) in NJ..does one have to disclose that particular conviction on a background check application? OR is it necessary to wait until expungment is completed?

3. SOOOO i guess what it gets down to is : What are the penalties for swearing on the application that all offenses are listed to the best of my knowledge..etc...if it is found out later on?

Let me say that the employer is perfectly fine with the offense...its been 12 yrs since the conviction and 10 yrs since paroled (1 more yr parole completed). i know that some offenses are only reported for 7 years but this is considered a felony (marijuana possession w intent) and is reportable without time limitations

job offer has been made
employer said something along the lines of ..... if it is up to me, this will not prohibit employment with us...however, we are bound by certain restrictions according to the law
AND
also said ...i am not telling you to lie on the cr hx app but i am telling you that if you list this on your application for crx background you WILL be disqualified from this position...but i cannot tell you to lie on your application

I just want to say the the Employer is Well Aware of the situation and is the one who made the comments above. Full disclosure has been made to the employer..the concern is with the background check

This job is really needed

what to do??????

thanks for any info you can give us

mysticweed

definitely not a lawyer
but
i do know some things
do NOT disclose
especially after 12 years?
deny
deny
deny

RKCNDY

holy hell!

MJ possession in NJ=FELONY?!?!?

MJ possession in WA='lowest priority'

StillHere

RKCNDY wrote:

holy hell!

MJ possession in NJ=FELONY?!?!?

MJ possession in WA='lowest priority'

crazy right?
in a school zone
3-5 years

but ended up being 1 yr residential rehab
a little less than 2 yrs STATE prison

mickeyrat

StillHere wrote:

i have a question that i need an immediate answer to
actually a couple of questions
for you LAWYERS out there
i hope you can guide me
rather quickly

first question is..for PA Resident application to a PA Nursing Home Facility with a 12 yr ago drug conviction in New Jersey with prison time

1. will it be reflected on PA State Police Criminal History Check? We ran one ourselves and seems the answer is no...
(also statute says that if you have been a resident for 2 + yrs that no FBI cr hx check is necessary..so that leaves out interstate information, possibly)

2. IF the expungement process has been initiated (really, only preliminarily applied to) in NJ..does one have to disclose that particular conviction on a background check application? OR is it necessary to wait until expungment is completed?

3. SOOOO i guess what it gets down to is : What are the penalties for swearing on the application that all offenses are listed to the best of my knowledge..etc...if it is found out later on?

Let me say that the employer is perfectly fine with the offense...its been 12 yrs since the conviction and 10 yrs since paroled (1 more yr parole completed). i know that some offenses are only reported for 7 years but this is considered a felony (marijuana possession w intent) and is reportable without time limitations

job offer has been made
employer said something along the lines of ..... if it is up to me, this will not prohibit employment with us...however, we are bound by certain restrictions according to the law
AND
also said ...i am not telling you to lie on the cr hx app but i am telling you that if you list this on your application for crx background you WILL be disqualified from this position...but i cannot tell you to lie on your application

I just want to say the the Employer is Well Aware of the situation and is the one who made the comments above. Full disclosure has been made to the employer..the concern is with the background check

This job is really needed

what to do??????

thanks for any info you can give us

it seems that the statement "we're not telling you to lie" is a statement telling you to lie. At this point what have you got to lose? tell them you dont get it. dont tell , and IF found out you dont get it? fuck it, the employer knows and is cool with it sooooo......

StillHere

mickeyrat wrote:

StillHere wrote:

i have a question that i need an immediate answer to
actually a couple of questions
for you LAWYERS out there
i hope you can guide me
rather quickly

first question is..for PA Resident application to a PA Nursing Home Facility with a 12 yr ago drug conviction in New Jersey with prison time

1. will it be reflected on PA State Police Criminal History Check? We ran one ourselves and seems the answer is no...
(also statute says that if you have been a resident for 2 + yrs that no FBI cr hx check is necessary..so that leaves out interstate information, possibly)

2. IF the expungement process has been initiated (really, only preliminarily applied to) in NJ..does one have to disclose that particular conviction on a background check application? OR is it necessary to wait until expungment is completed?

3. SOOOO i guess what it gets down to is : What are the penalties for swearing on the application that all offenses are listed to the best of my knowledge..etc...if it is found out later on?

Let me say that the employer is perfectly fine with the offense...its been 12 yrs since the conviction and 10 yrs since paroled (1 more yr parole completed). i know that some offenses are only reported for 7 years but this is considered a felony (marijuana possession w intent) and is reportable without time limitations

job offer has been made
employer said something along the lines of ..... if it is up to me, this will not prohibit employment with us...however, we are bound by certain restrictions according to the law
AND
also said ...i am not telling you to lie on the cr hx app but i am telling you that if you list this on your application for crx background you WILL be disqualified from this position...but i cannot tell you to lie on your application

I just want to say the the Employer is Well Aware of the situation and is the one who made the comments above. Full disclosure has been made to the employer..the concern is with the background check

This job is really needed

what to do??????

thanks for any info you can give us

it seems that the statement "we're not telling you to lie" is a statement telling you to lie. At this point what have you got to lose? tell them you dont get it. dont tell , and IF found out you dont get it? fuck it, the employer knows and is cool with it sooooo......

sure seems that way

SPEEDY MCCREADY

Possession
Intent
Felony conviction
Prison
Probation

Sounds like a fun time!!!!!

hehehehe

Yikes!!!!

StillHere

SPEEDY MCCREADY wrote:

Possession
Intent
Felony conviction
Prison
Probation

Sounds like a fun time!!!!!

hehehehe

Yikes!!!!

yep loads of fun

in reality it was REALLY just possession of marijuana (100% the truth...that's IT..no more, no less) and not a huge amount either..but over the "limit"
it was exacerbated by the fact that the arrest happened in a housing development (FEDERAL PROPERTY)
AND within a school zone (95% of this particular town is within one school zone or another)
AND that the Intent of law enforcement was to get to "higher ups" within the tri-county area but that didn't work out for them....so the peons got the hard end of the stick
OH and Speedy..no probation, just parole ... like that's better, right?

Here....
Check THIS Out:
NEW JERSEY
Distribution (Sale) or Possession With Intent To Distribute (2C:35-5)

Distribution or Possession with Intent To Distribute less than 1 oz. of marijuana in New Jersey is a 4th degree crime punishable by up to 18 months in State Prison and carries with it a fine of up to $10,000.00. If the amount is between 1 oz. and 1 pound it is a 3rd degree crime punishable by up to 5 years in State Prison and a fine of up to $25,000.00. If the amount is greater than 5 pounds and less then 25 pounds it is a 2nd degree crime punishable by between 5 and 10 years in State Prison and a fine of up to $150,000.00. If the amount exceeds 25 pounds it is a 1st degree crime punishable by between 10 and 20 years in State Prison and a fine of up to $300,000.00.

If you are convicted of selling or possessing with intent to distribute marijuana in New Jersey within 1000 feet of school property or on a school bus (N.J.S.A. 2C:35-7) it is a 3rd degree criminal offense punishable by up to 5 years in State Prison and there is a mandatory period of imprisonment unless waived by the Prosecutor and a fine of up to $150,000.00. If the amount is less than 1 oz. of marijuana then the period of imprisonment includes at least 1 year of parole ineligibility. If the amount exceeds 1 oz. then the period of parole ineligibility is at least 3 years.

If you are convicted of selling or possessing with intent to distribute less than 1 oz. of marijuana in New Jersey within 500 feet of a public housing facility, public park, or public building, it is a 3rd degree crime punishable by up to 5 years in State Prison and a $15,000 fine. If the amount is more than 1 ounce it is a 2nd degree crime punishable by between 5 and 10 years in State Prison and a fine of up to $150,000.00.

~~~~~~~~~~~~~ and all 3 applied :shock: :(

interested in moving to this darling little part of the world?

chadwick

"suck my nuts." this should be what every resident of NJ says. then all quit everything, stay home for weeks and get stoned until the government changes things up a bit.

when we the people take back what is ours, then we can move happily forward into (what is known as our) free thinking, free and joyous, free and splendid, free and growing, free and learning..

learning to the point of leading. this country is a joke.

sell bongs legally, pipes, steam rollers, selling triple beam and digital pocket scales. the state collects sales taxes from these items.

i remember headshops disguising bongs as lamps. how does this go down in the tax book?

sold: one blue plastic tube lamp, cigarette rolling papers, digital weight scales, and one spiked twisting grinder... tax collected... $7.27

Get_Right

If it was a felony conviction, they will likely find it.
There is probably a penalty for intentionally lying on an application to a state agency, whether or not you would be prosecuted or fined would depend upon the employer notifying the DA or the police-as a state agency they might be required to do so.
What is the exact question on the application?

StillHere

Get_Right wrote:

If it was a felony conviction, they will likely find it.
There is probably a penalty for intentionally lying on an application to a state agency, whether or not you would be prosecuted or fined would depend upon the employer notifying the DA or the police-as a state agency they might be required to do so.
What is the exact question on the application?

the question is have you EVER been convicted of a felony?
not w/i the last 7 or 10 years, but Ever

i am pointing out that the employer is well aware of the situation regardless of the answer to the question
it is not the initial employment application
it is a follow up and a consent for the cr hx check

StillHere

oh
and not to seem like a crybaby

but IF you gave up certain names (of friends and acquaintances)...and they more or less confirmed which names that they wanted given up

you would have gotten a slap on the wrist
like some of the others rounded up at about the same time

but sorry, we don't roll like that :roll:

Get_Right

StillHere wrote:

the question is have you EVER been convicted of a felony?
not w/i the last 7 or 10 years, but Ever

i am pointing out that the employer is well aware of the situation regardless of the answer to the question
it is not the initial employment application
it is a follow up and a consent for the cr hx check

Did you pay to do the search yourself or did you do one of those internet quickies? It might be worth the $$ to find out for certain.

Sounds like it does not matter if the employer knows about it or if you do not disclose it, if it hits, you are cooked. You need to determine if it will show up. If it does, then you don't have to make the choice about lying.

StillHere

Get_Right wrote:

StillHere wrote:

the question is have you EVER been convicted of a felony?
not w/i the last 7 or 10 years, but Ever

i am pointing out that the employer is well aware of the situation regardless of the answer to the question
it is not the initial employment application
it is a follow up and a consent for the cr hx check

Did you pay to do the search yourself or did you do one of those internet quickies? It might be worth the $$ to find out for certain.

Sounds like it does not matter if the employer knows about it or if you do not disclose it, if it hits, you are cooked. You need to determine if it will show up. If it does, then you don't have to make the choice about lying.

yes, i ran the PA State Police PATCH search..it costs $10 ..showed up NO RECORD (they search PA only)
its the same one that is to be used by the employer
they are not supposed to run an interstate FBI check since that is only if you have not been a PA resident for at least 2 years
BUT the check is outsourced to a private company (supposedly they use PATCH as well) but THIS part is worrisome cuz you never really know what will be done when something is outsourced
and you're right...if it turns up...the job is toast

bionicamy

StillHere wrote:

Get_Right wrote:

If it was a felony conviction, they will likely find it.
There is probably a penalty for intentionally lying on an application to a state agency, whether or not you would be prosecuted or fined would depend upon the employer notifying the DA or the police-as a state agency they might be required to do so.
What is the exact question on the application?

the question is have you EVER been convicted of a felony?
not w/i the last 7 or 10 years, but Ever

i am pointing out that the employer is well aware of the situation regardless of the answer to the question
it is not the initial employment application
it is a follow up and a consent for the cr hx check

The sad part here is the patients and the families. A lot of time and money is spent by these families to ensure their loved ones are cared for in a safe environment. IF this facility is choosing to or encouraging applicants to be dishonest on thier applications only the patients will suffer in the end. Family's trust that policies are being followed and they aren't.

Whom ever may end up being a wonderful employee for them but who knows about the next one they hire in this method or the one after them.... These background checks are in place for a reason.

Does it make it ok to be dishonest because of the type of job? Is it ok to be dishonest to pass a background to work with kids?

As a culture we have so little respect for our elderly

StillHere

bionicamy wrote:

StillHere wrote:

Get_Right wrote:

If it was a felony conviction, they will likely find it.
There is probably a penalty for intentionally lying on an application to a state agency, whether or not you would be prosecuted or fined would depend upon the employer notifying the DA or the police-as a state agency they might be required to do so.
What is the exact question on the application?

the question is have you EVER been convicted of a felony?
not w/i the last 7 or 10 years, but Ever

i am pointing out that the employer is well aware of the situation regardless of the answer to the question
it is not the initial employment application
it is a follow up and a consent for the cr hx check

The sad part here is the patients and the families. A lot of time and money is spent by these families to ensure their loved ones are cared for in a safe environment. IF this facility is choosing to or encouraging applicants to be dishonest on thier applications only the patients will suffer in the end. Family's trust that policies are being followed and they aren't.

Whom ever may end up being a wonderful employee for them but who knows about the next one they hire in this method or the one after them.... These background checks are in place for a reason.

Does it make it ok to be dishonest because of the type of job? Is it ok to be dishonest to pass a background to work with kids?

As a culture we have so little respect for our elderly

there is NO disrespect here
it was POT and it was 12 years ago for pete's sake
i do NOT believe that this should hold anyone back from getting a job in any profession

its not like everyone is sitting round at break time toking on a doobie

what about the employee who keeps a bottle of JD in his or her desk drawer and sneaks a gulp when the boss is not looking? not like we haven't seen that happen a zillion times before..now THAT is disrespectful .. BUT...it's legal, so it's OK? or "not so bad" ??? ok getting off track, apologies

there has been full disclosure to the employer, what else can be done

the criminal history check is mandatory ... but this should keep a responsible adult from working in their chosen field? i think not....marijuana laws need to be repealed...an ounce of pot a decade ago is not indicative of anything relevant now

really
(hell, i'm pretty near elderly myself)

Get_Right

StillHere wrote:

yes, i ran the PA State Police PATCH search..it costs $10 ..showed up NO RECORD (they search PA only)
its the same one that is to be used by the employer
they are not supposed to run an interstate FBI check since that is only if you have not been a PA resident for at least 2 years
BUT the check is outsourced to a private company (supposedly they use PATCH as well) but THIS part is worrisome cuz you never really know what will be done when something is outsourced
and you're right...if it turns up...the job is toast

Well if they only search PA, it makes sense that it didn't show up since the conviction was in NJ.
Sounds like you have a good relationship with the potential employer, can you ask them specifically what search is conducted and if it includes other states?

StillHere

Get_Right wrote:

StillHere wrote:

yes, i ran the PA State Police PATCH search..it costs $10 ..showed up NO RECORD (they search PA only)
its the same one that is to be used by the employer
they are not supposed to run an interstate FBI check since that is only if you have not been a PA resident for at least 2 years
BUT the check is outsourced to a private company (supposedly they use PATCH as well) but THIS part is worrisome cuz you never really know what will be done when something is outsourced
and you're right...if it turns up...the job is toast

Well if they only search PA, it makes sense that it didn't show up since the conviction was in NJ.
Sounds like you have a good relationship with the potential employer, can you ask them specifically what search is conducted and if it includes other states?

done and done
crossing fingers that the outsourced company follows the direction of the employer

Get_Right

StillHere wrote:

done and done
crossing fingers that the outsourced company follows the direction of the employer

If its done then you know they wont conduct a search in NJ? Or are you saying the employer tells them to only search PA if you have been a resident for more than two years? You may want to do an NJ search yourself and see if it comes up.

Anyway, good luck!
Dont waste your energy defending your actions, this country would be in the black and everyone would have proper medical care if they decriminalized pot.

StillHere

Get_Right wrote:

StillHere wrote:

done and done
crossing fingers that the outsourced company follows the direction of the employer

If its done then you know they wont conduct a search in NJ? Or are you saying the employer tells them to only search PA if you have been a resident for more than two years? You may want to do an NJ search yourself and see if it comes up.

Anyway, good luck!
Dont waste your energy defending your actions, this country would be in the black and everyone would have proper medical care if they decriminalized pot.

when i said done and done, i meant that i already ran my own PA St Police check and it was fine
the employer says that ONLY the PA PATCH history will be run
but they outsource the check...
a NJ search is expensive, takes several weeks minimum, requires a new fingerprinting...and I already KNOW its there :(

and THANKS!!!

TS96221

I don't think I would post a question like this with my picture in the avatar.

StillHere

TS96221 wrote:

I don't think I would post a question like this with my picture in the avatar.

maybe not... :?

TS96221

what will they think of next? facial recognition software

http://www.workplacelaw.net/content/29914

StillHere

TS96221 wrote:

what will they think of next? facial recognition software

http://www.workplacelaw.net/content/29914

yep