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Re:Seattle judges throw out 15 years of marijuana convictions by onetimemanytime on Friday September 28, 2018 @07:33AM (#18092546)
Curious: don't these people still have to report the arrests in some forms /for some jobs even if they're vacated? "Have you ever been arrested or jailed..."

I know US immigration specifically asks to mention even if pardoned or expunged.

Re:Seattle judges throw out 15 years of marijuana convictions by Nasrudith on Friday September 28, 2018 @08:45AM (#18092844)
Isn't asking just if one has been arrested in an interview for nonlaw enforcement positions technically an illegal question without qualifiers to specifically exclude the ones that didn't result in conviction or admission of guilt?

Arrest doesn't imply conviction or even the low bar for indictment. For instance SWAT protocol is to cuff literally everybody else possible on the scene for one and then assess and release after the scene is secured. One would have to be completely stupid and paranoid to think you shouldn't hire someone because they were in a bank robbery turned hostage situation as a victim.

Re:Seattle judges throw out 15 years of marijuana convictions by caseyscottmckay on Friday September 28, 2018 @09:06AM (#18092970)
No that's false. Every single job I've ever applied to has asked about a criminal record.

There is, however, a "ban the box" movement in a plurality of states, banning employers from asking potential employees about a criminal record.

With the internet documenting all public information, however, it's normally trivial for an employer to do a little research and find the employee's record.

Re:Seattle judges throw out 15 years of marijuana convictions by Nasrudith on Friday September 28, 2018 @09:15AM (#18093029)
Huh strange that it went straight to banning checking without an innocent until proven guilty standard. I know I have seen plenty of websites for career related where asking if you were convicted had yes, no, or resident of certain states as an effective N/A along with either telling you to select N/A regardless of personal status or flat out forbidding answering if from such a state.
Re:Seattle judges throw out 15 years of marijuana convictions by ubernostrum on Friday September 28, 2018 @10:38AM (#18093719)
"Ban the box" usually isn't an outright ban on all criminal background checks. The thing it's fighting against is a checkbox/question on the initial job application, to prevent use of it as a universal "not even going to talk to you" filter.

Typically, an employer can run a criminal background check in a "ban the box" jurisdiction, but only later in the process (for example: after completing interviews and provisionally deciding this is someone you'd like to hire). There may also be other rules in place about how you can use information from the background check, and what you have to do if you decide to revoke the offer of employment based on the result of the check.

Re:Seattle judges throw out 15 years of marijuana convictions by currymj on Friday September 28, 2018 @10:41AM (#18093743)
Key distinction about "ban the box", it doesn't make it illegal to ask employees about a criminal record, or refuse to hire them if they have one.

You just can't ask on the application form. You can ask later on in the process though. The idea is to give people with criminal records at least a fighting chance of getting interviews.

Re:Seattle judges throw out 15 years of marijuana convictions by KingMob on Friday September 28, 2018 @11:13AM (#18094016)
There's a distinction between asking about an arrest and asking about a conviction.
Re:Seattle judges throw out 15 years of marijuana convictions by dawnerd on Friday September 28, 2018 @11:08AM (#18093968)
One key point there, simply being cuffed is not the same as being arrested. They are just detaining which isn’t going on your record. Might have a note about being at the scene but that won’t really do much.
Re:Seattle judges throw out 15 years of marijuana convictions by caseyscottmckay on Friday September 28, 2018 @09:02AM (#18092950)
Yes, a criminal record never leaves you even if "expunged" or otherwise deleted from your record.

First, you have to admit to it with many jobs/other things anyway (e.g., fbi, military, bar exam etc). And it's usually worse to lie about the charge.

Second, everything is documented on the internet. Thus, even if you're eventually proven innocent and never had anything to do with the criminal charge, it will still be associated with you throughout life.

Re:Seattle judges throw out 15 years of marijuana convictions by Bjartr on Friday September 28, 2018 @11:55AM (#18094412)
> it will still be associated with you throughout life.

This is why I feel we should be pushing towards a culture that accepts that people can make mistakes.

Re:Seattle judges throw out 15 years of marijuana convictions by leetcrew on Friday September 28, 2018 @07:49AM (#18092604)
not sure what types of jobs would make you answer that question (outside of security maybe), but at least in principle, such questions should be completely illegitimate within the US legal system.
Re:Seattle judges throw out 15 years of marijuana convictions by teh_klev on Friday September 28, 2018 @08:48AM (#18092859)
In Scotland there's a system called "Disclosure"[0]. There are different types of disclosure[1]:

- Basic disclosure

- Standard disclosure

- Enhanced disclosure

- Protecting Vulnerable Groups (PVG) Scheme

Depending on the level of disclosure, "spent" convictions may need to be disclosed. You can however apply for spent convictions to be removed from the disclosure process.

As an employee for a private consultancy which was carrying out software development work for the Scottish Government I had to get a Basic Disclosure to be able to perform my duties on that contract.

It's not that unusual for certain types of work.

[0]: https://www.mygov.scot/organisations/disclosure-scotland/

[1]: https://www.mygov.scot/disclosure-types/

Re:Seattle judges throw out 15 years of marijuana convictions by onetimemanytime on Friday September 28, 2018 @02:56PM (#18096034)
US Visa application: "Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?" https://travel.stackexchange.com/questions/78412/what-should...

It asks but doesn't mean you're automatically denied. BUT a just pardoned person in Seattle would have to answer yes if Canada asked the same question (they probably do)