Is that accurate? Being charged with a crime but then having charges subsequently dropped shouldn't show up in a background check. Plus, given their line of work, I think in their profession it would basically be a badge of honor.
This can happen just being under investigation. Or worse, no arrest, conviction or investigation. Just word of mouth kind of stuff can do it.
Employers also have a convenient privilege to maintain these narratives about a former employee. This is employer to employer confidentiality where they can say almost anything about you to another potential employer and you never have the chance to hear it or correct it.
Everyone should support the ability of even a person with a conviction to continue working and contributing to society. It's kind of a civil death that leads to bad outcomes for those targeted.
Also, I've seen many job applications that ask a question like: "Have you ever been arrested for a crime, regardless of the outcome?" Presumably mere involvement with law enforcement (even if acquitted or charges dropped) is some kind of signal in these guys' risk formulas.
Can confirm. I needed a security clearance for government contracting work when I was in my mid-30s. The background check flagged a dismissed charge from when I was a teenager.
It's hard to say if they would be able to gain security clearances in the future. Not to mention automated application systems will drop them from the system immediately with a prior arrest.
One of them went on to start their own physical pentest firm. I think they're doing fine. I also think if they'd lost clearances, or ran into later clearance problems, that would have made it into their complaint. I don't know, maybe you're right. It's not like I disagree with them about suing.
THIS should be illegal. If you are arrested and have all charges dropped, you should not show up on any database whatsoever, nor be required to answer “yes” to “gave you been arrested.”
Is that accurate? Being charged with a crime but then having charges subsequently dropped shouldn't show up in a background check. Plus, given their line of work, I think in their profession it would basically be a badge of honor.
Yes it absolutely matters. My brother was charged with three felonies in his only arrest, all of them dropped.
It shows up in his background report and no company has cared (or taken the time to notice) that they are dropped charges and not convictions.
He's basically treated like a felon and effectively got bumped out of his career.
This can happen just being under investigation. Or worse, no arrest, conviction or investigation. Just word of mouth kind of stuff can do it.
Employers also have a convenient privilege to maintain these narratives about a former employee. This is employer to employer confidentiality where they can say almost anything about you to another potential employer and you never have the chance to hear it or correct it.
Everyone should support the ability of even a person with a conviction to continue working and contributing to society. It's kind of a civil death that leads to bad outcomes for those targeted.
1 reply →
Also, I've seen many job applications that ask a question like: "Have you ever been arrested for a crime, regardless of the outcome?" Presumably mere involvement with law enforcement (even if acquitted or charges dropped) is some kind of signal in these guys' risk formulas.
How fortunate to not live in China with its dystopian "social credit" system!
You'd have to get it expunged for it to not show up. Even then, it will still show up for security clearances and such.
Can confirm. I needed a security clearance for government contracting work when I was in my mid-30s. The background check flagged a dismissed charge from when I was a teenager.
It’s an absolute pain if you ever need to apply for a security clearance, or a visa for a foreign country.
It does show up in background checks unfortunately, and it is considered.
Probably not in this case though.
It's hard to say if they would be able to gain security clearances in the future. Not to mention automated application systems will drop them from the system immediately with a prior arrest.
One of them went on to start their own physical pentest firm. I think they're doing fine. I also think if they'd lost clearances, or ran into later clearance problems, that would have made it into their complaint. I don't know, maybe you're right. It's not like I disagree with them about suing.
THIS should be illegal. If you are arrested and have all charges dropped, you should not show up on any database whatsoever, nor be required to answer “yes” to “gave you been arrested.”
5 replies →