Visitor answer
28 February 2012
wow! Sonds like b.s. to me! I'm just another frustrated employee, but i feel bad for you. Good Luck
The question
Last week I went for an interview for a job. During the interview I had to fill out an application since I applied using a resume. On the app it ask about previous criminal record. I ask the interviewer if I was to include misdemeanors he said no but I can be honest and write down any trouble. So I wrote down that 2 years ago I was charged with underage drinking and small amount marijauna 1/100th of a gram. I then explained to him what had happened that night (the burned paper remains of a joint)found on my car rear floor under the seat was the marijauna charges and the underage the cops never even blood tested me for but I pled guilty just to get ARD and have my record clean.It took until this year to get through the courts and approve me for ARD But the charges were not recent at all they were from 2008 He told me he would do a background check and call me. So today a week later I got the call I had gotten the job BUT only if I consent to a PRIVATE contract with them to drug test once a month and I have to go on my own time and I have to pay out of my check 82.00 for the test each month. I really need the job but d*mn these charges were 2 yrs ago and I don't feel this could be legal. A private contract for what reason I am not a drug addict busted with tons of drugs. Please tell me if this is legal for them to do to get a d*mn job. I read online that a company has to follow their policies for every employee and not signal out any one with a different policy.
From the LawyerCentral forum archive. Originally posted 9 June 2010 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).
2 answers
Visitor answer
29 February 2012
While the situation described by the OP appears unfair, it does not appear illegal. I am unaware of a state which precludes private employers from drug testing their employees, especially those with drug possession convictions.
Separately, the fact the OP pled to a diversion disposition does not automatically mean her criminal record is “clean.” In all likelihood, her criminal record reflects that she accepted a diversions disposition and she does not have a drug possession conviction on her record. An employer can still discover the arrest record and the diversion disposition during a criminal background check.
For the OP and individuals in similar situations, you should explore having your record expunged. If a job applicant has an “applicable” criminal record eligible for expungement, then the applicant can petition the court to have the state remove reference of this criminal activity from court, police and motor vehicle records and files. Moreover, the effect of the expungement order allows the affected individual to “truthfully” deny the existence of the underlying charges or convictions when seeking prospective employment.
For more general information on the expunging of criminal records and related issues, you may want to review the following article, "Is Your Criminal History Thwarting Your Job Search? How to Improve Your Employment Prospects," (removed)
Add your answer
Answers are reviewed before they appear. They are general information from visitors, not legal advice, and do not create a lawyer-client relationship. Do not include private details.
Need a lawyer for this?
See attorneys near you who handle questions like this one.