Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network. To speak to Sam about a criminal matter call (617) 492 3000.

Will a Criminal Background Check Uncover an OUI? A Conviction for Petty Theft? My Credit History?

Background checks are widely used by employers during the pre-employment screening process in Massachusetts and across the country. Depending on the type of background check used, it can show everything from the level of education you’ve attained to whether or not you make your car payment on time each month. Information about credit history, however, is actually declining as a component of background checks, due to controversy. Lots of folks think it’s unfair to base an individual’s employability on his ability, or lack thereof, to make his mortgage payment back in 2011. Criminal background checks, on the other hand, are becoming more prevalent, and thorough, every year. Read on for more information about pre-employment background checks and how they may affect you. If you still have questions, contact a MA defense lawyer today.

Driving History

These reports are especially important to employers when hiring for a position that requires the applicant to drive a company vehicle. A driver history report uncovers whether or not the applicant can legally drive, if he or she has a history of traffic-related drug or alcohol offenses, and if the applicant can be insured to operate a company vehicle. A report from the Department of Motor Vehicles (DMV) shows vehicle-related convictions (such as OUI), actions taken by the DMV (such as license suspension due to excessive points), and past and current addresses used by the applicant.

Criminal Background Checks

This type of background check is commonly used by employers, a fact which shouldn’t be a surprise. For starters, adult convictions are almost always public record, meaning the information can be obtained by anyone with the desire to do the research. If you’ve been convicted of a felony or misdemeanor offense, you’d better believe it’s going to show up in a pre-employment background check. If you’ve been charged with any type of crime, contact a Boston defense lawyer today.

Infractions

What’s an infraction? Technically speaking, an infraction is not a crime. A good example of an infraction is a traffic ticket. The good news – you don’t really need to worry about infractions, and you generally aren’t required to report them to an employer. For example, you wouldn’t list last year’s speeding ticket on an employment application (unless of course you were drunk and in possession of a gun at the time).

What About Probation and Outstanding Warrants?

Probation is a period of court supervision. As an alternative to a jail sentence, probation is treated similarly for reporting purposes. If you are on active probation, it will almost certainly show up on a background check. Likewise with outstanding warrants. If a report shows that you have an outstanding bench or arrest warrant, most employers will immediately disqualify you from the application process. Being a “fugitive” of the justice system doesn’t usually bode well with potential employers. Of course, if the outstanding warrant appears to be a mistake, there may be some room for discussion. But that’s generally the exception, not the rule.

Altman & Altman, LLP – Criminal Defense Lawyers Serving All of MA

If you’ve been charged with a criminal offense, the skilled defense team at Altman & Altman, LLP can help. Our knowledgeable attorneys have extensive experience in all areas of criminal law, from theft to murder. If you are concerned that your past will negatively impact your ability to get a job, your concerns are probably valid. However, there are options. At Altman & Altman, LLP, we work hard to protect our clients’ freedom, as well as their reputation. The best way to protect your ability to earn an income is to avoid committing crimes. But hindsight is 20/20, right? If you have questions, we can help. Contact Altman & Altman, LLP today for a free and confidential consultation about your case.

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