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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Employment Law
Satisfied Customers: 2849
Experience:  30 years of experience
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I am submitting a summer candidate to a F50 Pharma (NJ

Customer Question

I am submitting a summer candidate to a F50 Pharma (NJ based) entity as a summer hire (not an intern). His record for a misdemeanor has not yet been expunged (it takes six months) and the timing is around the period I want to submit him on the position. He is a college student.Will a state level background check find this (it was for less than the smallest amount) for marijuana?
Submitted: 8 months ago.
Category: Employment Law
Expert:  Ely replied 8 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

A criminal record normally consists of two things: the charge and the conviction.

If he is expunging the record but it has not been finalized yet, then whatever is on his record would be visible to any employer who does a criminal background check even if it was for a minor misdemeanor. Until/unless the expungement is approved and once he sends out a copy of the order to all the proper state agencies (and FBI) to void the record, it will be on his record.

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I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 8 months ago.
Yeah I knew what you already told me. Kind of obvious I it's expunged it won't be seen. I ran my own background search and nothing came up via two separate queries. So now I'm really confused.
Expert:  Ely replied 8 months ago.

Hello,

1) Keep in mind I do not know what you already know or not. If you eat a lot of candy and suspect that your stomach hurts because you ate a lot of candy, and then go the doctor and the doctor confirms it, you would not say "well, I already knew that so you're no help." You pay for the expertise and confirmation.

2) I do not know what kind of "service" you used to run the background checks. However if you ran a formal search with the State of NJ Dept of Law & Public Safety, then the record would come up. It did not perhaps because a third party commerical search as used which is not always best.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 8 months ago.
I used the Pharma agency search service and another they use; I think your bedside manner needs counsel. I would not recommend this service....sorry, you may not alwas get the response you are looking for but it's my response.
Expert:  Ely replied 8 months ago.

Hello,

No problem at all. I would have been happy to explain how to do a "formal" search with the state (since in the end, third party criminal record companies use it to check on the record) and that is the one that counts as this is where the official record is kept, but if you wish to end the conversation, I understand. All the best.

Customer: replied 8 months ago.
Yeah and for how much more? IMO why didn't you offer that up from the first response vs comic relief about eating candy?We take our job seriously here and we thought this was a viable/quick alternative to a rather straight forward question.
Expert:  Ely replied 8 months ago.

Hello,

I try to be as direct as possible. If I came off as rude or condescending, I apologize as this was not my intent. A guide on how to run a State of NJ Dept of Law & Public Safety check would not be at any "extra" cost as this is a question within the vein of the original topic. However - with all due respect - given that you believe that my answers are obvious, that my "bedside manner" is lacking, and that my answers are comical in nature and that I do not take this conversation seriously, I probably will not be able to answer your question to your satisfactory level.

I will opt out and open this up for other experts. All the best.

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Expert:  Gerald-Esquire replied 8 months ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience, including employer side HRexperience. I hope to provide you information that will help you in resolving your question.

The likelihood is that the record will be discovered. Or at least your candidate should assume that the record will be discovered and be fothcoming about it. In my experience convictions for relatively minor offenses can often be accomodated. What employers will not accomodate is the failure to disclose the record. A candidate who fails to disclose will almost always be disqualified for consideration if the record is uncovered during the vetting process. Also, employees who failed to disclosed have been separated from employment for the same reason.

Additionally, you may be aware that employers take a dim view of recruiting companies that send candidates for consideration, but have not performed their own due diligence prior to sending a recruit.

So, while it may turn out that the conviction does not appear on an initial background check, if it does come out and the candidate did not disclose the candidate will likely be subject to termination. At which point they may have two issue to disclose to future potential employers.

As an aside, I also use to work for the DoD in regard to personnel security background investigations. At that time we were always much more concerned with the candidate being forthcoming than we were concerned with relatively minor simple possession convictions. That was in the 1980s. I think that employers have become more tolerant of these issues when disclosed.

So while I can not say for certain that the record will come up, the best bet is to assume that it will.

I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Customer: replied 8 months ago.
Thx for the advice but would like any information relative to how I can run this one SSN via the state police DBs for law and public safety. Understand it's about 50.00.
Expert:  Gerald-Esquire replied 8 months ago.

Yes the NJSP do run criminal history background checks. the cost is about $41.00. Only $18.00 for a name check only (which includes SSN).

Here is all the information on the process:

http://www.njsp.org/criminal-history-records/

I hope this additional information is helpful to you.

Kind regards,

Gerald

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