Saturday, December 29, 2007

Re: [BDSM-LegalIssues] Re: New book -- good but disturbing

There is a very large difference between an Arrest record and a Conviction
record. AFIK it is illegal for an ordinary employer to ask about arrest
before hiring.

You could have been arrested because your name is John Smith and there was a
warrant for a different John Smith for child molesting. But until they have
booked you and say sent your fingerprints off, they don't know you are the
wrong John Smith. However you now have an arrest on your record and guess
what for! This is what the question is about.

If you want off a jury just tell the judge they wouldn't have arrested him
unless he was guilty.

On 12/29/07 9:29 AM, "Jay Wiseman" <jaywiseman@yahoo.com> wrote:

> --- In BDSM-LegalIssues@yahoogroups.com, "Leigha Fleming"
> <leigha@...> wrote:
>>
>>
>>> Apparently, companies can purchase access to the National
> Criminal
>>> Information Center (NCIC) databases and can now "run" somebody as
>>> part of routine pre-employment or ongoing screening, and if an
>>> employee pops up as ever having been arrested, out they go (or in
>>> they never get).
>>> Bothers me, this does.
>>> Thoughts?
>>> Best,
>>> Jay
>>
>> I don't know if it bothers me that much. I've conducted employment
> screening including criminal history and background checks
>> for years where I work. It's been my experience that it's just good
> business.
>>
>> Leigha
>
> As I stated in my original post, according to the author of "Arrest-
> proof Yourself" many corporations have quietly adopted a policy of
> either not hiring or discreetly firing people who have ever been
> arrested. This has the real-world effect of closing such people off
> from many relatively high-end positions.
>
> (Note: I am *not* -- repeat: not -- talking about people who lied
> upon employment application forms, so let's please not go down that
> irrelevant and distracting side-issue.)
>
> The author labels the result of this practice as sending such people
> to the "electronic plantation" of low-end, low-paying jobs, where
> they very well may spend the rest of their working lives, regardless
> of their education and past work history.
>
> Are you honestly saying this corporate policy doesn't bother you and
> that in your opinion such a practice is "just good business"?
>
> Given your very prominent association with NCSF, I'm most eagerly
> awaiting your on-list reply.
>
> Most sincerely,
>
> Jay Wiseman
>
>
>
>
>
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>
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>
>
>

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