Can Swift find old criminal defered sentences in background check?

Discussion in 'Experienced Truckers' Advice' started by tigersfan80, Jul 16, 2012.

  1. Wooly Rhino

    Wooly Rhino Road Train Member

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    Deferred is not a conviction. They can and will find it but it will not keep you from a job. If it was deferred and it is that old get it expunged and it will not show up then.

    Not a lawyer but I have watched every Perry Mason and Matlock there is.
     
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  3. monkeypuncher

    monkeypuncher Medium Load Member

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    The main reason they want you to be honest about your record is so they won't send you to Canada only to be denied entry and the load is then in jeopardy.
     
  4. CAXPT

    CAXPT Road Train Member

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    If you didn't have a felony, and it was that long ago, and it doesn't reflect who you are now, then why are you hesitant to mention it? Would you also be hesitant to give complete and factual details for an accident? It all comes down to integrity. Your word, you can make the run, your logs are legal, etc..

    If the question you answer doesn't require you to disclose a felony, or a conviction within "BLANK" time, then it's not required to be put down if it exceeds that time. If it asks if you've "EVER" been convicted....then you need to put it down.

    In addition, if you're worried about it coming up, why not do your own background check on yourself and be sure.

    I still report an old transgression, date it, the result...and let them decide if it's still relevant. The fact that I do put it out there, means I've accepted the blame and done my time. As long as you give them the information they ask for within the timeline they ask for, you shouldn't be embarrassed by it. It's done, over with. If you haven't come to grips with your past, how can they? If they ask for it and you didn't put it and they find it....that will be much worse.

    The only exception is as Wooly Rhino points out. If it wasn't a conviction, then no need. Arrests alone have no bearing. It's the conviction for something that matters. Unless, they ask if you've ever been arrested for such and such, and I don't remember seeing job applications with that kind of wording...yet. :D

    Good Luck
     
    Last edited: Jul 18, 2012
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  5. DirtyBob

    DirtyBob Road Train Member

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    If it's expunged don't list it. Make sure you always have the paperwork showing it should be expunged in case it does show up. I've known a couple guys that had expunged things show up, they sent the paperwork to the company, and the company still hired them.

    Swift does state specifically on their application that you must list deferred cases though, the one they made me fill out in truck driving school for them did. You have to look closely at the fine print on some applications. Technically it's not a conviction, but if it is deferred sentencing(which most are) instead of deferred prosecution you do plead guilty to the charges as part of the deal. Whether they hold that against you or not, I don't know. I had deferred prosecution so I never plead guilty to anything and a couple companies were interested to see the paperwork showing that fact so I'm guessing they do.
     
  6. bubba mark

    bubba mark Medium Load Member

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    I worked for a Swift a long time ago. i also have several deffered charges. Swift never said anything about it and neither did I.
     
  7. Moosetek13

    Moosetek13 Road Train Member

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    Not so.
    A deferred judgement means you have not yet been convicted.
    Usually, if you fulfill the conditions, you are never actually convicted of the crime.

    So when asked if you have ever been convicted of a crime, you can honestly answer 'no'.

    And yes, I have first hand experience.
    I answered 'no' to the question, and even after Swift's background check I was hired and no questions were asked.
     
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  8. Mack attack

    Mack attack Light Load Member

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    If you plead guilty to get deferred charges or sentencing you will have to say you have been convicted because according to dot you are guilty. But if it has been expunged they will not know it happened. In MD if a arrest has been expunged an employer cannnot use this against you.
     
  9. snowwy

    snowwy Road Train Member

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    thre's no such thing as scouts and what not.

    all they need is your driving record and your criminal background. both of which are easily jhad.

    there's no other information to be had or secret records other then those two.

    did you apply for expungement. cuz if not you still got a history. deferred or not. anytime your arrested you get a history.

    it cost you $10 and your fingerprints to do your own background check. just look for yout states BCI= background crimi9nal investigation.

    if nothing is there. then you have nothing to find or hide and they will never know.

    if something is there. then you have to apply for expungment and do the process yourself. becuase the court itself won't do the job.

    you have to take a paper to the BCI, jailhouse, courft, police that arrested you, and the prosecuting attorney office. they ALL have to wave there magic wand before your arrest is expunged.
     
  10. NavigatorWife

    NavigatorWife Road Train Member

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    According to Judge Mathis on a case with a lady the other night an expungement means it didn't happen and that it shouldn't bother an application for somewhere like a college, he stated you just don't put it down. I guess this is if all the proper paperwork has been taken care of like snowwy has stated.

    I know in the elderly housing that we co-managed a felony conviction would automatically keep you from being hired. All other convictions had to be approved by higher powers and it was according to what the crime was.
     
  11. lonelyswmtrucker

    lonelyswmtrucker Medium Load Member

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    yes they can & will use it regardless of age
     
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