It depends. We recommend you disclose the arrest and adjudication for evaluation.
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Preparing for a background investigation involves ensuring that your personal, educational, and employment history are accurate and consistent, as well as demonstrating your suitability for the role. By being prepared, honest, and cooperative, you can increase your chances of successfully passing a background investigation.
Here are some things you should consider:
Background investigations can be complex, so it depends on the applicant’s history. They typically take two to four months.
No amount of standard-setting will eliminate the need to make case by-case judgments based on specific facts presented by each candidate’s background. Rarely is one fact a sufficient basis for disqualifying an individual; rather, it is generally necessary to investigate the circumstances surrounding each fact in order to make an educated determination of the candidate’s suitability, taking into consideration such factors as:
Applicants seeking employment are evaluated on an individual basis. The totality of the background investigation is taken into consideration for disqualification or non-select purposes. Bottom line, be honest from the start. In dealing with legal issues, we take into consideration the seriousness of the offense, the age of the candidate at the time of the offense, how recently the offense occurred, the career path of the candidate at the time of the offense, any mitigating circumstances, and the impact, if any, upon the candidate’s potential credibility as a witness in a court of law.
Although this is an important area of investigation, the evaluation of a candidate’s behavior regarding the handling of finances is careful and judicious. It is critically important for the background investigator to understand the full circumstances surrounding any apparently negative financial information. Commission Regulations 1953(e)(11) and 1959(e)(10) require that a credit check be performed, “to determine the candidate’s credit standing with lenders, as an indication of the candidate’s dependability and integrity.”
Applicants seeking employment are evaluated on an individual basis. The totality of the background investigation is taken into consideration for disqualification or non-select purposes. It is important to underscore that a sealing or expungement usually does not relieve the applicant from providing information about the underlying conduct that led to such a sealed or expunged record. One possible exception might be an arrest/conviction expunged by a court pursuant to PC §851.8, in which case the court made a factual finding of innocence, as there is no underlying conduct to disclose.
Applicants seeking employment are evaluated on an individual basis. The totality of the background investigation is taken into consideration for disqualification or non-select purposes.