Students’ Criminal Background Check

[ELB]

...and the main hurdle in hiring anyone was the fact that so many could't pass a criminal history check.....

Not to worry -- there are plenty of people of a certain party who are pushing to make it illegal for you to check for a criminal record at all, so that should free up a lot of time and expand your choices exponentially.


And the fair city of Austin has decided to go with worst of both worlds: you can still do a criminal background check, but ONLY when the applicant has is a finalist for the position. So you can burn time and money doing interviews and reference checks and such, but not find out there is a deal killer until the last moment. I guess they hope you will have invested so much in the effort you'll give up and hire anyway.
http://kxan.com/2016/03/22/council-cons ... usinesses/

Not that this will protect you from any liability if you hire someone with a criminal background and they hurt someone.

[sjfcontrol]

I remember a co-worker who is based in Canon City, CO tell me that they had trouble opening the Chili's in town. They had trouble finding enough staff that could pass a drug test. It seems personal responsibility and common sense are so rare these days, they should be considered a super power.

I find this very hard to believe. I worked in many restaurants during high school and college (including several Chili's) and not a single one ever drug tested.

In Colorado...nowadays? Drug test? Good luck...

Well now that raises an interesting question...

If smoking pot is legal, wouldn't refusing to hire somebody because a drug test was posititive for marijuana be a violation of the applicant's civil rights?

[Flightmare]

I remember a co-worker who is based in Canon City, CO tell me that they had trouble opening the Chili's in town. They had trouble finding enough staff that could pass a drug test. It seems personal responsibility and common sense are so rare these days, they should be considered a super power.

I find this very hard to believe. I worked in many restaurants during high school and college (including several Chili's) and not a single one ever drug tested.

In Colorado...nowadays? Drug test? Good luck...

Well now that raises an interesting question...

If smoking pot is legal, wouldn't refusing to hire somebody because a drug test was posititive for marijuana be a violation of the applicant's civil rights?

This story was told to me around 10 years ago. I'm not sure how long the Chili's was open before that. Again, this is just a story I was told by a co-worker who lives in the area.

[ScottDLS]

I remember a co-worker who is based in Canon City, CO tell me that they had trouble opening the Chili's in town. They had trouble finding enough staff that could pass a drug test. It seems personal responsibility and common sense are so rare these days, they should be considered a super power.

I find this very hard to believe. I worked in many restaurants during high school and college (including several Chili's) and not a single one ever drug tested.

In Colorado...nowadays? Drug test? Good luck...

Well now that raises an interesting question...

If smoking pot is legal, wouldn't refusing to hire somebody because a drug test was posititive for marijuana be a violation of the applicant's civil rights?

When CO legalized marijuana, they put in a section that employers could still test for it and refuse to hire based on results without running afoul of discrimination rules.

[JustSomeOldGuy]

I remember a co-worker who is based in Canon City, CO tell me that they had trouble opening the Chili's in town. They had trouble finding enough staff that could pass a drug test. It seems personal responsibility and common sense are so rare these days, they should be considered a super power.

I find this very hard to believe. I worked in many restaurants during high school and college (including several Chili's) and not a single one ever drug tested.

In Colorado...nowadays? Drug test? Good luck...

Well now that raises an interesting question...

If smoking pot is legal, wouldn't refusing to hire somebody because a drug test was posititive for marijuana be a violation of the applicant's civil rights?

IANAL; but from my own work experience...

Stoners are not (at least yet) a protected class under federal law. So if the employer makes being straight/sober a condition of employment, they (stoners) have no recourse. In addition, the feds do not concur with what Colorado (state gov't) is doing and the (federal) 1988 Drug Free Workplace Act is still in place. That means that any business or entity that either performs work for federal money, or receives federal grant money, is still bound by DFWA. That means that state, county, municipal, and many educational entities are also bound by DFWA as are any private entities that perform contract work for the feds. Many businesses/corporations that are 'none of the above' comply with the DFWA model for Risk Management and/or perceived economic competitive advantage reasons. (hence Chili's requiring applicants to drug test)

[o b juan]

here in Pharr Tx the city employees are tested for drugs randomly.. the new Mayor said good for us on the council also he took the test and several commissioners did also but two said no they would take the test from a private org here.. By the way this is northern mex do you think a testing org could be bribed(Mordida) "the bite"
What da ya think. any one who is working for state, county, city, fed, and getting taxpayer money should be tested.

Hospital employees, Senior centers all get tax $$..

The fraud and lots of other junk would stop and all budgets could be straightend out.

[AJSully421]

Careful, Icarus...

Many people have things in their past they are not proud of. Stuff happens when you're young but that is also what builds an adult into who they are. Live and learn and don't judge others.

Max

Might I also add that there are some of us who have had to deal with a spouse (ex-spouse now) who lie to authorities and have you charged with serious felonies. And only after spending time in jail, money for bail, money for attorney, missed work, and losing my CHL and gun rights for a year and half while proving my innocence... was I able to finally get the case dismissed. *** And by dismissed, I mean no probation, no community service, no deferred adjudication, no pleading guilty or nolo, NOTHING. I had to go through all this for something I didn't do. And the kicker is.... the arrest is on my record for 3 years and my name is forever in a database of domestic violence offenders. Just because of an arrest.

So anyone who runs my record will now see that and I can guarantee a domestic violence arrest, even without being convicted, will often times disqualify me for certain things. That's pretty fair right?

Sorry, but the justice system is truly guilty until you prove your innocence.

File for an expungement of the arrest. Bailey & Galyen did mine for a wreckless driving and evading that was tossed out. I was young and dumb too... 100 in a 60 in my case.

[txglock21]

here in Pharr Tx the city employees are tested for drugs randomly.. the new Mayor said good for us on the council also he took the test and several commissioners did also but two said no they would take the test from a private org here.. By the way this is northern mex do you think a testing org could be bribed(Mordida) "the bite"
What da ya think. any one who is working for state, county, city, fed, and getting taxpayer money should be tested.

Hospital employees, Senior centers all get tax $$..

The fraud and lots of other junk would stop and all budgets could be straightend out.

I work for a city government and we drug test before hiring and can request a drug test at any time if your supervisor has "reasonable suspicion". Most positions require a CDL which requires random drug test(Federal Requirement). I have had some employees that have been "randomly selected" two or three months in a row.

[steveincowtown]

Careful, Icarus...

Many people have things in their past they are not proud of. Stuff happens when you're young but that is also what builds an adult into who they are. Live and learn and don't judge others.

Max

Might I also add that there are some of us who have had to deal with a spouse (ex-spouse now) who lie to authorities and have you charged with serious felonies. And only after spending time in jail, money for bail, money for attorney, missed work, and losing my CHL and gun rights for a year and half while proving my innocence... was I able to finally get the case dismissed. *** And by dismissed, I mean no probation, no community service, no deferred adjudication, no pleading guilty or nolo, NOTHING. I had to go through all this for something I didn't do. And the kicker is.... the arrest is on my record for 3 years and my name is forever in a database of domestic violence offenders. Just because of an arrest.

So anyone who runs my record will now see that and I can guarantee a domestic violence arrest, even without being convicted, will often times disqualify me for certain things. That's pretty fair right?

Sorry, but the justice system is truly guilty until you prove your innocence.

File for an expungement of the arrest. Bailey & Galyen did mine for a wreckless driving and evading that was tossed out. I was young and dumb too... 100 in a 60 in my case.

You might even consider doing it yourself. I was able to get and APO arrest (long story) that my girlfriend had out of Washington DC expunged. Lots of paperwork, but it was quite rewarding doing it myself. Here is a guide to Texas:

http://texaslawhelp.org/files/685E99A9- ... _final.pdf

[Ryan]

File for an expungement of the arrest. Bailey & Galyen did mine for a wreckless driving and evading that was tossed out. I was young and dumb too... 100 in a 60 in my case.

Bailey and Galyen is the firm that represented me in this case. However I won't be eligible for expungement of the arrest until Jan. 28 2019.
Gotta wait 3 years.

[Crossfire]

I believe one of the big reasons there are so many young people with criminal records is not just a breakdown in morals, but also a ramp up in police involvement.

Back in the day, if a kid got into a fight at school, he might be suspended, or get corporal punishment (OMG! Swats on the butt!) or sent home to let his parents handle it. Now - schools don't deal with it. They get the police involved, and the kid has a record for criminal assault.

Same with underage drinking. Police might have taken an intoxicated kid home to let his parents handle it, or let them pick him up at the station, but now, there are criminal charges filed.

Think about the things YOU did as a kid. (Not me, of course, I was a perfect angel ) But the things you did that got you into plenty of trouble, but now would also get you a criminal record.

Back to the original question - no, I don't do background checks on people who want a basic handgun class. Or those who want a LTC class either. It is not my job to decide if they get a license. That is up to DPS.

It is my job to teach them to be safe.

[Charles L. Cotton]

I believe one of the big reasons there are so many young people with criminal records is not just a breakdown in morals, but also a ramp up in police involvement.

Back in the day, if a kid got into a fight at school, he might be suspended, or get corporal punishment (OMG! Swats on the butt!) or sent home to let his parents handle it. Now - schools don't deal with it. They get the police involved, and the kid has a record for criminal assault.

Same with underage drinking. Police might have taken an intoxicated kid home to let his parents handle it, or let them pick him up at the station, but now, there are criminal charges filed.

Think about the things YOU did as a kid. (Not me, of course, I was a perfect angel ) But the things you did that got you into plenty of trouble, but now would also get you a criminal record.

I couldn't agree more!!

Chas.

[Javier730]

Careful, Icarus...

Many people have things in their past they are not proud of. Stuff happens when you're young but that is also what builds an adult into who they are. Live and learn and don't judge others.

Max

Might I also add that there are some of us who have had to deal with a spouse (ex-spouse now) who lie to authorities and have you charged with serious felonies. And only after spending time in jail, money for bail, money for attorney, missed work, and losing my CHL and gun rights for a year and half while proving my innocence... was I able to finally get the case dismissed. *** And by dismissed, I mean no probation, no community service, no deferred adjudication, no pleading guilty or nolo, NOTHING. I had to go through all this for something I didn't do. And the kicker is.... the arrest is on my record for 3 years and my name is forever in a database of domestic violence offenders. Just because of an arrest.

So anyone who runs my record will now see that and I can guarantee a domestic violence arrest, even without being convicted, will often times disqualify me for certain things. That's pretty fair right?

Sorry, but the justice system is truly guilty until you prove your innocence.

False accusations can ruin you. I was arrested when I was 17 while my girlfriends house and her mother called the police and said I was there without their permission and refused to leave. Turns out the girl and her mother had a disagreement about something a few days before and her mother did that to me just to be spiteful. Unfortunately I was not able to prove my story at the time so I ended up with a misdemeanor on my record.

[GlockShooter56]

I believe one of the big reasons there are so many young people with criminal records is not just a breakdown in morals, but also a ramp up in police involvement.

Back in the day, if a kid got into a fight at school, he might be suspended, or get corporal punishment (OMG! Swats on the butt!) or sent home to let his parents handle it. Now - schools don't deal with it. They get the police involved, and the kid has a record for criminal assault.

Same with underage drinking. Police might have taken an intoxicated kid home to let his parents handle it, or let them pick him up at the station, but now, there are criminal charges filed.

Think about the things YOU did as a kid. (Not me, of course, I was a perfect angel ) But the things you did that got you into plenty of trouble, but now would also get you a criminal record.

Back to the original question - no, I don't do background checks on people who want a basic handgun class. Or those who want a LTC class either. It is not my job to decide if they get a license. That is up to DPS.

It is my job to teach them to be safe.

[ScottDLS]

Part of the problem here is States allowing private individuals access to records of arrests, especially for misdemeanors. Especially since these records are (apparently) riddled with incorrect and incomplete information.

Take employment or tenant screening background checks for instance. I have no problem with private entities doing them, but why is the State making information available about crimes that were alleged, but later disproven, dismissed, acquitted, etc. OK maybe if the charges are pending (under indictment) for felonies.

When I see a private employment questionnaire that says "Have you ever been arrested?", my thought is "None of your business." Ask me if I was convicted, or find out yourself. Maybe police actively investigating a crime could use this information, but I suspect that in most actual trials, previous acquittals are suppressed unless there is some compelling reason. For every OJ Simpson there's probably 10,000 Ryan's who got jammed up on bull charges. Or maybe even OJ's really innocent (of murder).

Anyway, since arrests are (usually) matters of public record, a private company could compile them and make them available. But why are (many) states assisting in this process by making the records available to private entities? Especially given the incompleteness and inaccuracy issues.

This and EVERYTHING seems to be an arrestable offense lately. So back to the original topic. If you were to run a background check on someone taking a LTC class, or other training class, what would you be looking for? Someone who is a prohibited person? Only if you're a FFL selling them a gun. Then you run the NICS check. Otherwise let DPS figure it out before they issue a LTC.