Criminal BackGround Check

[Unregistered]

Hi,

I have recently got accepted a job offer to work in the daycare. I have a criminal background from this past August 2012. It was an assault on a police officer. Can someone let me know if I will get accepted or not in the state of NC? I really need this job, and I have a bachelors of science degree in child development.

[Michael]

Was it a felony conviction?

Check your state's standards: https://www.daycare.com/northcarolina/

[Unregistered]

No its a misdemeanor...I am in the first offense program trying to complete my community service for it to get expunged

[MarinaVanessa]

Was it a felony and was there a question on the application that asked about prior convictions? In hind sight this would have been a good question to ask the day that you picked up your application. You can also bring it up in the interview. If it was a misdemeanor you shouldn't even have to bring it up (usually), if it was a felony then it depends on the licensing standards in your state and on the place where you are applying.

[Unregistered]

misdemeanor

Was it a felony and was there a question on the application that asked about prior convictions? In hind sight this would have been a good question to ask the day that you picked up your application. You can also bring it up in the interview. If it was a misdemeanor you shouldn't even have to bring it up (usually), if it was a felony then it depends on the licensing standards in your state and on the place where you are applying.

Hi,
Its a misdemeanor and I didn't bring it up in the interview. She doesn't even know I have a criminal background. Is that bad? You think I will get accepted in NC?

[Michael]

You need to report everything. Here are your regulations:

https://www.daycare.com/northcarolina/north_carolina_daycare_licensing_requirements.html

SECTION .2700 - CRIMINAL RECORDS CHECKS
10A NCAC 09 .2701 APPLICATION FOR PERMITS
(a) In addition to the requirements set forth in Rules .0302 and .1702, of this Chapter, a prospective child care provider shall submit to the Division at the time of application the following forms:
(1) a certified criminal history check from the Clerk of Superior Court's office in the county or counties where the individual has resided during the previous 12
months;
(2) a signed Authority for Release of Information using the form provided by the
Division; and
(3) a completed fingerprint card using SBI form FD-258.
If the prospective child care provider has lived in North Carolina for less than five consecutive years, immediately preceding the date the fingerprint card is completed, a national check shall be completed pursuant to G.S. 110-90.2(c).
(b) The prospective child care provider shall sign a statement declaring under penalty of perjury if he or she has been convicted of a crime other than a minor traffic violation. The prospective child care provider shall maintain this statement on file available for review by a representative of the Division until the notice of qualification is received by the provider. If the prospective child care provider has been convicted, has pending charges or indictments, is under deferred prosecution, has received a Prayer For Judgment, or is on probation for a crime, the prospective child care provider shall acknowledge that he or she is aware that the issuance of a permit is conditional pending approval by the Division.
(c) If the prospective child care provider has been convicted, has pending charges or indictments, is under deferred prosecution, has received a Prayer For Judgment, or is on probation for a crime, he or she may submit to the Division additional information concerning the conviction or charges that could be used by the Division in making the determination of the prospective child care provider's qualification. The Division may consider the following in
making its decision:
(1) length of time since conviction;
(2) nature of the crime;
(3) circumstances surrounding the commission of the offense or offenses;
(4) evidence of rehabilitation;
(5) number of prior offenses; and
(6) age of the individual at the time of occurrence.
(d) A prospective child care provider's refusal to complete the required criminal history record check paperwork is grounds to deny issuance of a permit.
(e) Determination by the Division that the prospective child care provider is disqualified is reasonable cause to deny issuance of a permit.
(f) If the prospective child care provider is a firm, partnership, association, or corporation, the chief executive officer or other person serving in like capacity or a person designated by the chief executive officer as responsible for the operation of the facility, shall complete the criminal history record check as specified in Paragraph (a) of this Rule.
(g) When a Letter of Intent to Operate pursuant to G.S. 110-106 is submitted to the Division, the person signing the Letter of Intent shall also submit all forms as required in Rule .2702(a) of this
Section.
Effective July 1, 2008 109
(h) Determination by the Division that the person submitting the Letter of Intent is disqualified is reasonable cause to issue a Notice to Cease Operation.
(i) Any child care provider who owns or operates an existing child care program, and who is applying for a permit for an additional child care program within one year from the date of qualification that was based on fingerprinting, shall submit a certified criminal history check from the Clerk of Superior Court's office in the county or counties where the individual has resided during the previous 12 months. A new fingerprint card is not required unless deemed necessary by the Division in making the determination of qualification. If the criminal history check was completed more than one year prior to the application for an additional child care program, the applicant shall complete all forms as required in Paragraph (a) of this Rule.

[Starburst]

One of my ECE instructers (a class on 'careers with children') told us that (at least in CA) if it involves another human being and it is on your record (I don't think it matters if it is misdimeanor or felony- minor traffic issues/parking tickets excluded) that you are not eligible to work with children. She said there was one girl she once had in her ECE classes and I guess a few years before the girl ran a red light and she would have just gotten a ticket and nothing would have happened. But when the cop stopped her I guess she was in a bad mood or in a rush or something because I guess she was swearing at the cop and saying alot of bad things because she had to go to court because of the incident with the cop instead of just the ticket and i guess she did all the court required stuff and thought it was exsponged from her record but when she was getting a job with kids they did a background check on her and said she couldn't work there and she had to drop out of the ECE program because she couldn't work with kids at all- she couldn't even work as a nurse, doctor, cop, etc either.

[canadiancare]

It is absolutely about disclosure. If you are prepared to lie (by omission) on your application, then you are risking not being able to work with the vulnerable sector. Accountability for your actions speaks to your integrity as an employee.

[NCDurham]

One of my ECE instructers (a class on 'careers with children') told us that (at least in CA) if it involves another human being and it is on your record (I don't think it matters if it is misdimeanor or felony- minor traffic issues/parking tickets excluded) that you are not eligible to work with children. She said there was one girl she once had in her ECE classes and I guess a few years before the girl ran a red light and she would have just gotten a ticket and nothing would have happened. But when the cop stopped her I guess she was in a bad mood or in a rush or something because I guess she was swearing at the cop and saying alot of bad things because she had to go to court because of the incident with the cop instead of just the ticket and i guess she did all the court required stuff and thought it was exsponged from her record but when she was getting a job with kids they did a background check on her and said she couldn't work there and she had to drop out of the ECE program because she couldn't work with kids at all- she couldn't even work as a nurse, doctor, cop, etc either.

Was this in NC?

[NCDurham]

It is absolutely about disclosure. If you are prepared to lie (by omission) on your application, then you are risking not being able to work with the vulnerable sector. Accountability for your actions speaks to your integrity as an employee.

I mean its a misdemeanor and usually applications only ask if you have a felony not a misd

[melilley]

Either way it will show up if they do a background check. It's all up to the person/company if they will inquire about it.