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LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 37855
Experience:  30+ years legal experience and I keep current in Employment Law through regular continuing education.
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If you are an employer/bank conducting a criminal background

Customer Question

If you are an employer/bank conducting a criminal background check and an candidate for a Director of Financial Planning & Analysis has a misdemeanor for a DUI in 2013, should we discuss it with him? He was fined and was placed on probation.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: New Jersey
JA: Has anything been filed or reported?
Customer: The information was provided to us from our background credentialing verification company, Justifacts.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not sure
Submitted: 5 months ago.
Category: Employment Law
Expert:  LawTalk replied 5 months ago.

Good afternoon,

I'm Doug, and my goal is to provide you with excellent service today.

The DUI may be relevant to your company if this employee will ever have occasion to drive---either with their own vehicle or with a company vehicle----as part of their job duties. Consequently, it might be a good idea to bring up the fact that you are aware of the conviction and inquire whether they have a valid driver's license and car insurance on any cay they might possibly use for business.

Be careful though not to inquire as to whether the employee has an alcohol problem now, or in the past, as that is protected information under the ADA and until you have made a firm job offer to the candidate, you may not ask about disabilities.

Here is a good guideline article as regards ***** ***** can ask and what you should not ask about:

If the employee will not be driving a vehicle as part of their job, then you may choose to omit an discussion of the conviction in the interview process.

You may reply back to me again if you have additional questions, and I will continue to assist you.

I am not an employee of this site and I am only paid for helping you when you rate my service to you. Please remember to rate my service to you by clicking on the rating stars on your screen (preferably 5-Stars) so that I can be compensated for helping you. Thank you in advance.

I wish you and yours well in 2017,


Expert:  LawTalk replied 5 months ago.

Good afternoon,

Is there anything else I can assist you with today? It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you by clicking on the rating stars so that I can be compensated for assisting you? Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you.

Thanks in advance for your rating of my service. It is greatly appreciated.

I wish you the best in 2017,