AboutThomas R. Ballas Expertise I will take questions about EEOC complaints, ADA, FMLA and most Human Resource issues. I am an expert in the Railway Labor Act and collective bargaining agreements
Experience 35 Years in the Rail Industry, the last 19 in Senior Management. Lead negotiator for the Company in collective bargaining talks with 3 different unions covering 9 different agreements
Education/Credentials BA in Psychology, University of North Florida
Professional in Human Resources
Senior Professional in Human Resources
Question Hello,
I live in Louisiana, and I work for a nationwide retail company. I've been working for them for a year and half now, and when I got hired on the application asked "Have you been convicted of a Felony in the past 7 years?" and I answered no because I haven't. I'm not sure if they did a background check when hired but they just recently did one and I had a misdeamenor come back and they are trying to fire me over it, they said if I can provide documentation that it's getting expunged then I can keep my job. The misdeameanor also happened 4 years ago and is the only thing on my record. The thing is that they want it done in 7 days and I can't get it done in that time and also when sentenced the judge didn't state it under the articly 894,(which means it can be expunged), so therefore I would have to go in front of the judge and get re-sentenced to try and get it under that article and then go through the expungement process, from what I understand. Is this correct or is there any other way that I can go about this? I know a judge but not that well at all and will talk to him tomorrow, what should I try and do to keep my job???
Answer Michael:
Given the Judge did not sentence you under the Article that allows the conviction to be expunged, I think your chances are slim to none to get this reversed.
Better I think to plead your case to the Company's HR group, pointing out you did not lie on the application, the misdemeanor was 4 years ago, the only thing on your record, and that you are a loyal and dedicated employee.
