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The Mystic Wave
The Mystic Wave, Executive/Legal
Category: Job
Satisfied Customers: 427
Experience:  30 years experience in personnel training and hiring in legal environment.
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Convictions and the workforce

Customer Question

I have a conviction on my record. I have been working with children for over 13 years and the incidents occurred 4 years ago. My question is will this hinder me from getting another job with children?
Submitted: 11 years ago.
Category: Job
Expert:  The Mystic Wave replied 11 years ago.

Greetings:


What city/state do you reside?


If you don't mind my asking, in what capacity was your conviction?


Was there a stipulation that you must stay away from children due to your conviction?


Have you worked since the conviction?


Please let me know.


Thank you.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave

Customer: replied 11 years ago.
Reply to The Mystic Wave's Post: I live in San Diego, Ca. The nature of the conviction was theft in a cloyhing store. I never went to jail but I did have to have my fingerprints taken. I just want to know if this can stop me from changing jobs in the childcare field.
Expert:  The Mystic Wave replied 11 years ago.

Greetings:


If you didn't go to jail, then you were not convicted - you were only arrested. What was the outcome? Were you ordered to pay a fine - on probation?


Please let me know this information, I will then be able to provide you with a proper legal response.


Thank you.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave


Customer: replied 11 years ago.
Reply to The Mystic Wave's Post: I was fingerprinted and released and went to court. I was convicted of theft and was put on 3 years probabtion. I have completed my class and probation.My concern is that I have applied for a teacher's position and am waiting for my fingerprints to come back. Can this prevent me from getting this job? Also I have been working in the school district for 4 years and this didn't affect that job. I just saw an opportunity to move forward and when I saw that I needed to be re-fingerprinted and it's taking almost 10 days for my results, I began to get concerned.
Expert:  The Mystic Wave replied 11 years ago.

Greetings:


Thank you for responding and sharing more information.


The information provided below is for the state of California and concerns teaching in private schools, Education Code 44237:


There is no requirement in the Education Code for a teacher in a private school to hold a state teaching credential. Private school authorities are required to obtain a criminal record summary on every applicant for employment in a position requiring contact with minor pupils except a parent or legal guardian working exclusively with his or her children. This law was amended substantially, effective September 30, 1997, and has been amended significantly since then. Private school authorities can no longer employ a person before the criminal record summary is received, and they cannot employ an applicant who has been convicted of a serious or violent felony unless the applicant has a certain certificate of rehabilitation and a pardon. Private schools are also prohibited from hiring any person who would be prohibited from employment by a public school district pursuant to any provision of the Education Code because of his or her conviction for any crime.


You can read more at the site below:


Private Instruction - Fact Book (CA Dept of Education)


CA Codes (edc:44210-44239)


Under Education Code 44237:


The Department of Justice shall review the criminal record
summary it obtains from the Federal Bureau of Investigation to ascertain whether an applicant for employment has a conviction, or an arrest pending final adjudication, for any sex offense, controlled substance offense, crime of violence, or serious or violent felony.
The Department of Justice shall provide written notification to the private school employer only as to whether an applicant for employment has any convictions, or arrests pending final
adjudication, for any of these crimes.
(d) An employer shall not employ a person until the Department of Justice completes its check of the state criminal history file as set forth in this section.


It would appear that your offense would not hinder you from obtaining a teaching position, as more serious acts are of more concern.


I am still researching for public schools though and will forward that information to you as soon as I can.


If you have any questions concerning the information I have shared herein, please let me know.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave








Customer: replied 11 years ago.
Reply to The Mystic Wave's Post: Thank You for your help.I'm not sure if this is a private or state funded prigram but it is a learning center. Does that make a difference? What will my fingerprints show the place of employment?
Expert:  The Mystic Wave replied 11 years ago.

Greetings:


The learning center may be considered private. If so, the information I provided above would apply. To my knowledge, an applicant for a teaching position must receive clearance from the Department of Justice - thus, two sets of fingerprints are forwarded to the Department of Justice and investigation conducted.


I am still researching for information concerning public schools, however, if you do not feel it's necessary, please let me know.


Thank you and I hope that the information I have provided thus far has helped you.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave


Information provided herein is based on my 30 years experience as a legal secretary/paralegal in the State of California, with experience and knowledge in the State of Nevada. This information is not intended to substitute for informed professional legal advice from a practicing, licensed attorney.


Customer: replied 11 years ago.
Reply to The Mystic Wave's Post: This isCustomer and I was wondering if you found anymore information about the public school and whether my conviction will hinder me. If you could please respond I would appreciate it.
Expert:  The Mystic Wave replied 11 years ago.

Greetings:


Thank you for responding - I haven't forgotten about you. I am still doing legal research for you. I should have more information by today or tomorrow. I ask that you please keep this post open - as I will provide you with a response.


If you wish to add any further information, please let me know.


Thank you kindly.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave

Customer: replied 11 years ago.
Reply to The Mystic Wave's Post: Thank You!

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