Question About Background Check

[RBettis]

Hello Melissa, the best thing is to apply. You don't know. With my problem (see above), I applied anyway to get the assistance license. When I went to school to submit the forms, I was in a nervous rack. I spoke to the head of the Child Development Department that was receiving the forms. When she saw that I had the "box" checked, she asked me. I explained to her exactly what happened that day 4 years ago. She was so thoughtful (I can't explain it to you … for the first time I didn't feel judged). She said it won't prevent me from getting my license. She even said to continue taking the classes that I needed to finish my goals... I honestly believe she would have advised me to stop continuing in the program if she thought I wouldn't be able to get my license. I know, because in the meeting she was clear and said to all of us that we needed to be honest, that it would be sad to finish the program and not being able to get the license or a job. Now, I haven't received the license yet. She said it would take about 3 to 4 months. I asked her if I would be able to get my Day Care Center license and she said “yes”. However, I must say I won’t believe it until I have that license on my hands.

I know your question is about getting a job. Again, try. The worst thing would be not to. I wish I could have had a more concrete answer for you. But I have heard that California is tougher than Ohio. Honestly, sometimes it depends if someone wants to give you a chance.

I will come back and post again when I have some news. Maybe someone wants to know what would happen in a case like this.

Also, just adding to my previous post, when I got the copies of my case at the court, it never mentioned I had my 3 months old daughter with me. Anyway, my teacher said if it would have said that, it would have not made any difference because in my case, I was not putting the life on my child in danger as if it would have been with a DUI. Now, I perfectly understand that it is a moral issue. So it is not good either.

Doesn't it pays to always be good? happyface. It would have avoided to go through something so emotional draining like this ... in all aspects.

P.S. did you know you can expunged it? My professor advised me to do it, that she had spoken to the license agency and they have told her so. That way I don't have to disclosure it. I already started the paper work. You can do it yourself. (Tell us what happens Melissa.)

[Unregistered]

My criminal exemption was denied…anyone with the same problem?

I was convicted twice of shoplifting in a two year period.I was in a "bad" period of my life and made some stupid decisions that will now follow me the rest of my life. I accept responsibility for what I did but I am truly a different person with a different attitude on life. I have a nurturing nature and had dreams of pursuing a career in Early Childhood Development. I had each conviction expunged and have been trouble free for your years. I recently applied for a criminal exemption to work in a daycare and I was denied. They said I had to wait five consecutive years, I had more than one conviction and had no proof of rehab. I am at a loss. I have requested an appeal but am not feeling very Hopeful.

[bloominggenius]

What state are you in? I would have an attorney help you appeal. In Iowa it would not be an issue, because it is not a violent crime, a crime involving drugs and alcohol or a crime against a child.
Shoplifting in your past has nothing to do with your ability to care for children. I would read your state's code carefully and ask for help from a lawyer.

[RBettis]

Good question, what state are you in?

This is what I found for CA:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=211-215

http://www.ccld.ca.gov/res/pdf/non_exempt.pdf

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=211-215

I was granted the Child Development Assistant permit:

<<<School - Age Emphasis Authorization The School Age Emphasis
Authorization may be added to any level Child Development Permit and authorizes the holder to provide all services authorized by the holder’s Child Development Permit and to provide services in the care, development, and instruction of children in before - school, after - school, and other school -
age child care programs (http://www.ctc.ca.gov/credentials/creds/child-dev-permits.html)>>>>

I don't know if this is an exemption? I am doing a "practicum" class and working in preschool for that class. The preschool never asked me for finger prints, or anything (but the director of the preschool was my professor in a "Curriculum" class I took. This professor is signed at the college for mentoring ~ she is mentoring me now for "Practicum"). I would like to continue in this preschool as a volunteer tho after I am completed with my class, but I don't know if there is when the director will ask for finger prints (which I hope no, I don't want to go through explaining myself ~ horrifying).

In order for me to get this permit, my application was submitted to the child link in CA through the school and the head of child depto knew about my problem, so I guess that is an exemption since this is a granted permit??... NOT SURE. Sorry for all this info, just trying to help.

My problem was March 2010 and it hasn't been 5 years.
(a little bit more about my problem is explained on previous post above)
I am going through the process and applying for a Day Care provider. I don't know how that is going to work. Just went through the orientation.

[Starburst]

I was convicted twice of shoplifting in a two year period.I was in a "bad" period of my life and made some stupid decisions that will now follow me the rest of my life. I accept responsibility for what I did but I am truly a different person with a different attitude on life. I have a nurturing nature and had dreams of pursuing a career in Early Childhood Development. I had each conviction expunged and have been trouble free for your years. I recently applied for a criminal exemption to work in a daycare and I was denied. They said I had to wait five consecutive years, I had more than one conviction and had no proof of rehab. I am at a loss. I have requested an appeal but am not feeling very Hopeful.

Have you considered seeing a counselor? Maybe if they had some proof that you are trying to better yourself it can speed up the process. You mentioned that you had more than one conviction, was it only in shoplifting or was there confrontations involved?

Though I have heard of a case where someone who wanted to be a nurse (they also need to pass background checks) ran a red light and would have only gotten a small ticket but I guess she was having a bad day because she thought it would be a good idea to tell the cop off and mouthed off to him. When she went to apply for a nursing program she had a mark on her record for verbal assault from that incident. If she wouldn't have said anything to him she would have just gotten a ticket and just had to pay it and nothing would happen; but since the incident involved threatening another person it is sticking with her forever and now she can't be a nurse or any profession that involves other people.

Also sometimes you may think that things are deleted or expunged from your record but still show up and effect your future. One of my ECE teachers said that once she had a student who when she was still in high school (just after she turned 18) she was intimate with her boyfriend who was still only 17 at the time and when his parents found out they reported her. She thought that she got it erased from her record because she didn't have to register as a sex offender but I guess something like that never gets completely off record, so now she cannot be a nurse or a teacher or type of professional career that involves working directly with people (especially children).

[Unregistered]

Georgia Daycare

Im trying to start a daycare in Georgia and I have a misdemeanor theft and misuse of credit card from 6 years ago in Ohio that I was falsely charged with. Will these charges PREVENT me from getting my license for childcare?

[Blackcat31]

Im trying to start a daycare in Georgia and I have a misdemeanor theft and misuse of credit card from 6 years ago in Ohio that I was falsely charged with. Will these charges PREVENT me from getting my license for childcare?

Here is the info for child care in Georgia.

https://www.daycare.com/georgia/

Usually right in the beginning of the paperwork it will list the care giver qualifications/requirements.

In *most* cases, misdemeanor cries aren't enough to bar you from doing child care but I am unfamiliar with the laws in your state so it's safest to check with them.

[Unregistered]

Background check / Day care

Hi there! I am applying for Family Child Care Home in San Francisco. My husband has a DUI and possession of Marijuana (<1.0oz) as offense, 2 years ago. He got a dry record driving, it is considered misdemeanor in his record. Is that can affect me?
I have been remodeling the house. Remodeling the garage to a room...among other constructions. Investing a lot. So, I am concerning if I should stop arranging my home seeing his background.
I appreciate your attention.

[Unregistered]

Help with a code...

Long story...before we met, my husband was accused of sexual contact with a 17 1/2 year old. As he had an infant at the time, he was worried he would lose the trial and be forced to register as a sex offender. Anyway, he ended up with two misdemeanors; one of them doesn't appear on the non-exemptible list at all, so I'm not worried about it. The other does, but not exactly as his code reads. His is 288a(b). Again, he has just the two misdemeanors, he did not serve jail time and is not a registrant. He was on unsupervised probation.

I'm getting my application packet together for a family daycare license now and would like some insight as to whether this charge will preclude me from doing so. I can't find information on this specific code in regards to the possible exemption.

Thank you!

[Unregistered]

Adding to above question

Forgot to say I am in California.

[Blackcat31]

Long story...before we met, my husband was accused of sexual contact with a 17 1/2 year old. As he had an infant at the time, he was worried he would lose the trial and be forced to register as a sex offender. Anyway, he ended up with two misdemeanors; one of them doesn't appear on the non-exemptible list at all, so I'm not worried about it. The other does, but not exactly as his code reads. His is 288a(b). Again, he has just the two misdemeanors, he did not serve jail time and is not a registrant. He was on unsupervised probation.

I'm getting my application packet together for a family daycare license now and would like some insight as to whether this charge will preclude me from doing so. I can't find information on this specific code in regards to the possible exemption.

Thank you!

Forgot to say I am in California.

I am not sure of what part of 288a(b) is is charged with but from reading about it, I am thinking you will need to contact your licensing agency and ask them directly.

I think ANY sexual crime involving a minor should bar you (general you) from being present in or working in a child care or environment with young children.

Like I said, I would contact your area licensing agency and find out for sure. It would be sad to do all the paperwork and set up only to find out that you can't legally operate..kwim?

If you need help finding contact info for your area, just post and someone from the board can probably help as we have several members from California on the forum.

[MarinaVanessa]

Long story...before we met, my husband was accused of sexual contact with a 17 1/2 year old. As he had an infant at the time, he was worried he would lose the trial and be forced to register as a sex offender. Anyway, he ended up with two misdemeanors; one of them doesn't appear on the non-exemptible list at all, so I'm not worried about it. The other does, but not exactly as his code reads. His is 288a(b). Again, he has just the two misdemeanors, he did not serve jail time and is not a registrant. He was on unsupervised probation.

I'm getting my application packet together for a family daycare license now and would like some insight as to whether this charge will preclude me from doing so. I can't find information on this specific code in regards to the possible exemption.

Thank you!

It's a case by case basis.

They may treat it like they do a drug charge and require you to get an exemption. This will allow you to do run an FCC out of your home however your husband will be required to stay out of the home during daycare hours. I know 2 providers that have these for adult children they have living in their home.

Or

They may treat it like they do any child related sexual crime and not allow it at all. I know of one provider who's 18yo was living in her home and the 18yo had charges pressed on her by a boy's parents for being sexual with a their 16 yo son (he was turning 17, she had just turned 18, they'd only dated 4 months, it was consensual, Judge didn't care). She was convicted with a felony, spent a few months in jail, was on probation for 2 years, not a registered sex offender. This provider had to report this to licensing (requirement of license) and licensing told her that her DD had to move out or they would revoke her license.

Or

They may not ding you on it (depending on the type of crime, ages of both parties, how long ago it was etc). Realistically however when it comes to child related crimes it is extremely rare for licensing to approve an application without an exemption.

IDK if it's because the daughter was charged with a felony of a child related case or what, I'm just trying to give you an idea of one way it could go. I think your best bet is to call licensing and ask straight out. They will ask for details and it's best to just be honest if you do call or you can just send in the application and get DH background checked and take a chance.

Oh and BTW if they give you an exemption you will forever need to have each client read and sign a form that explains your DH's charge. You're required to keep these forms in each child's file, your analyst will check the files (but only if they require an exemption).

Also I wanted to add that the background check you go through for licensing is different from looking up the criminal background of someone. My DH works for the DA's office and went through a background check for employment, licensing still required that he be Live Scan fingerprinted. The Live Scan also checks the Child Abuse Central Index (sexual crimes are listed). You have to report all crimes, even misdemeanors, and they will check. All crimes come up on their database including ones where a pardon was given, sealed files or expunged crimes.

[Unregistered]

Thank you so much for all of the information. Thanks for the info on the expungement issue as well. Hubby will be able to expunge in less than one year. I do know from working 911 dispatch in the past, that LiveScan still scans these. I pretty much have all of my application finished, so I'm thinking I will just take the chance and see what happens. I'm hoping if it's denied, they will tell me if there will ever be a possibility for me to operate a family daycare. My hubby won't be home at all during daycare hours, but I hadn't read anything about that possibly being part of the terms...that's interesting as well.

Thank you both for your time in responding!

[Unregistered]

Job promotion

How would a gross misdemeanor for Overwork/Mistreat Animals-Cruelty affect a job in direct care for disabled people?

[NightOwl]

I'm guessing that will not go over well AT ALL.