Background Check - Realistically will they hire?

Wow!! You could try a smaller company but not having experience may be an issue with that option..

 

One thing that I learned early on is that even if the app ask "ever" you do not have to respond with a "yes" or even explain yourself, because after usually 7 yrs all traces of that are gone.. Don't give out information that you don't have to. In Werner case they are just being noisy.

Prime example when I went with them for 3 weeks I also put down a accident I had in 88 that almost killed me and the wife. This was back in the beginning of 05. Of course I didn't know that the accident would not show up all these yrs later. Well during my two weeks of OTR training they kept on calling me daily asking about the accident. This annoyed me to all hell, because it almost killed us.. On the last call I asked the lady " why are you busting my ball over this?" This accident was 17yrs ago, and I haven't had one not even a ticked since. Can you say you have a driver that hasn't had one in the last 3yr. That is when I quit them and moved on.

 

I know you are in a bad spot with this deal - but you have to understand that the liability for the company is HUGE -

one mis hired idiot can put a large company under if they flub up hard enough...


the dui's are unfortunate - but they DID happen...

too many people, at the age your husband had his mishaps, do not think long term...


all the company sees is a security risk.

a risk to their insurance rating as well as a risk to their profitability.



- example - we hired a guy in june of 2006 that seemed ok.. he had some dui's and a few minors that were "overlooked"

he did fine for a year -

then on one night he ran a car off the road - and was pulled into a scale where they found the marks of the accident as well as 8 or 9 empty beer cans in his rig...

he blew a .16 and went straight to jail.


now - the company about killed our HR guy for working this guy...

all the signs were there for a risk - and our HR guy gambled on him..
(and lost)



it is too bad but more often than not it is not worth the risk...


(no matter how clean and decent your hubby is - he will pay for those mistakes the rest of his life.)

sorry.

 

How did they get the information.

It's not quite clear, to me, if the background information your talking about, is information that your husband gave on his application, or if it was info. discovered in a bacground check by the company. It sounds like some info was given on the application and some may have been discovered.

Your state, (each state has their own), Bureau Of Criminal Investigation (BCI) have arrests and conviction's on record. How far back they go is unclear. Also there is the FBI report. Both of these are used by law enforcement to check a persons background. I don't know if companies have access to state BCI records and FBI reports. I would'nt think so. If they do then the public should know this. This to much power for companies to have access to.

Now when it comes to HAZMAT, it maybe a different story. The government is now involved in checks because we are under attack by terroists. But if a person's background is checked it would seem to me that it would be done by a government agency and the company would just be notified, pass or don't pass.

Many courts, if not all courts destroy misd. records after 7-10 years leaving back ground checks incomplete. So you can have an arrest on the above mention reports, BCI AND FBI, but the out come could be missing. The out come may only be known to the court and with the records destroyed there is no out come avaible. In this case you write the court and ask for a record of the out come and they send you a letter stating there is no record or they destroy the records after x number of years for misd.

I hope this gave you a little more information on the process and is somehow helpful. If i can think of anything else to say or thoughts I have I'll be sure and get back to you.

I seems to me that all of us should know what the government knows about us, and more importantly we should really know what companies can know about us. If a person can legally get a CDL they should legal be able to get a job commercial driving. If they have a record that will keep them from driving then the CDL should be pulled.

If a person could do it they should be able to get a copy of there DMV report and we can, and a copy of our BCI & FBI report; which I don't know if you can. If one can get this information and discover what companies can and cannot know, then you can know what to tell your prospective employer. I don't believe employers or anyone else has the right to know everything there is to know about us. To me it makes little difference if you tell an employer and he doesn't hire you or if he does hire you and then discovers that you have apast then fires you. But since I'm not in the driving business yet I can't digest all the info. effectivly. the problem I see is that if you are hired then fired it goes on some kinda record, DAC. I have had no experience with this. If a person is fired for lying that could be a problem I suppose. The new standard in America is to lie, people lie on job app's, they cheat on tests and what ever. I'm not suggesting lying. For god sakes look up the new hiring standards for the FBI; you can get a job with them if you haven't did drugs in the last year.

 

It sounds like your both having a bad day.I wish I could give some good news but I can't for the most part.First USIS(DAC report).Once you have cleared up any inncorrect info regarding your husbands convictions and you have proof from the courts in paper work,you can submit it to USIS for correction on his file.I don't know if you received a copy of your DAC but when you do and find incorrect info on it,contact them by going to their website.USIS.com,scroll down to the bottom of the page.Hit on,request info.Under note to consumers,hit on click here.This will bring up contact info on how to resolve an issue.Under law they have to correct info that is false.Also under law past employers can not post false info.Next.Misdemeaners aren't job killers.You don't state what they were for though.Felonies can be a job killer for a CMV driver.Federal guidelines don't prohibit a driver from operating a CMV nor a company from hiring a convicted felon unless the felony was involved with the operation of a CMV.State law may differ but for the most part states abide by FMCSA rules.Hauling Haz-mat with a felony conviction won't happen.Next.DMV records.Some violations stay on for life depending on the severity.It also depends on the state your licensed in.Next.Not devulging info on past background on a job application.I worked for company that fired new hires for doing this.They got the job,hired on and few weeks later were fired after the complete background check came back.I'd rather be up front about my past than be fired for dishonesty.DUI's?Time doesn't erase them,another job killer.Orientations?It shouldn't go on your employment history because you weren't an employee until they completed all background checks and verified that you were elgible for employment and hired you.I doubt they have any right to post anything on DAC because you were not an employee, just applying to the job.Child suport.Most states have the option to revoke your license for non payment of child support.Some people think that because they moved to a different state,the rules don't apply.CDL's are national and it's a national data base shared by all states for data.With this economy,companies can pick and choose.They will pick a new driver with a clean background over a driver with a background that is questionable.Sort it out,see what happens.Good luck.

 

Not legally. at least, in the sense you seem to mean. Employers CAN request and receive an arrest/conviction report - that's public information (with exceptions). It will typically list dates, charges, and conviction dates.

The hazmat endorsement on your CDL tells the company that you've passed the background check. However, the list of offenses that prohibits the Hazmat endorsement is pretty limited.

I agree on the first part - and it can be done, I'm told. Just a lot of hoops to jump though.

As for the second - there's nothing in any of the OPs posts that says - or even suggests - that it's illegal for her husband to get a job where he might use his CDL.

Your problem is, the criteria are different. To get a CDL, you pass some tests. That's it. No background check.

To get a JOB, however, involves insurance and profit and a whole slew of considerations. If a background check shows that an individual is too high a risk, no job offers are forthcoming. The company does not want to lose money, after all. As a truck driver, you are in a position where you could cost them a LOT. How does a company get a clue as to whether any individual is a risk? Look at his past. The FMCSR lays out some minimum standards - but if the company wishes they may exercise more strict standards.

WhichwayWest already addressed the first part of this paragraph...rather well, I think.

The second bit... yes. You can get a job with the FBI under less than ideal circumstances - though "haven't did drugs in the last year" is hardly the only qualification.

For one thing, the FMCSR doesn't apply to the FBI - except any of them who drives a CMV.

For another - there are a LOT of jobs at the FBI that do not involve safety - which, ostensibly, is what the FMCSR and trucking rules are all about.

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HoneyD.. I'm not sure, but it sounds as though you are jumping through all the hoops. Eventually things should be straightened out and a little normalcy return.

I don't know about your state - but in most of them, they can NOT go after you for child support if you don't have a job - though I think they can attach some of the welfare funds. If you (or your family) DO have a job, there's a minimum amount they have to leave you to live on. (My brother in law got messed up with this sort of thing - we did some research and helped him out a bit. Got a judge reprimanded, too. that was fun. not)

Obviously we here don't really know a lot about your situation. If at all possible, I'd suggest finding a transportation lawyer and see if he can help. The worst he can say is "I can't help" - and you are no worse off than you are now.

 

Do you know for a fact that they knew nothing about your accident...other than what YOU told them? I'm curious because I have a similar situation. I have some OLD DUIs that I would prefer NOT to tell them about hoping they will not show up on my CRIMINAL record. The most recent is 13 years ago.

 

I don't blame you for not wanting to open up old wounds. If you read the USIS site from time to time it will mention if you live in California they can't get information about you; read it and see if I'm right. Go to CA DMV and file out and print out a request for your DMV RECORD. Call and ask them how to get your 10 year record. You have to write something at the top of the form. I think it was, 10 yr record request H5. It costs about $7.00.

I've been working on this record stuff too. I called USIS this morning. I am waiting for a DAC form now. The report has all the info that they have on you. Go to the USIS website, select transportation and click on the different areas they say they cover. Read it. It seems like they are limited in their information. They talk about 3 years, 7 years 10 years.

Let me toss this out. I seems to be a myth that the are all knowing after reading the info on their site. Now, I will also say that when a person reads a job application, and it gets to background, it will say, if you have EVER had a ticket, or dui, or if you erver had a misd. or felony, etc. Most records go back to different time periods. You have a 3 yr. drivers lic. record, you have a 10 year record check, but after the ten year period most records have gone off the record.

I believe it's only felonies that stay on the record. Having said this from what I have read about trucking companies they have different time frames for, say drivers lic. citations. For example one outfit said in would except 3 tickets in the last 3 years. Many will except felon's if it was after, 5, 7, or 10 years old. Some say no felon's ever, but not many.

The way I see it is to start by getting you DAC report. This is where companies get their info I believe. After you get your DAC report and you have reviewed it. Ask your self if the things on their report can be proven. If it is over 10 years old they may not be able to prove it by way of government records, IE. court hosue records. and then you may be able to have it taken off your record. this is just a thought. It remains to be seen if it will work.

Now I'm going to mention some stuff thats a little tricky. My sophamoric research suggests that the trucking companies GET PAID OR GET CREDIT FOR TURNING IN INFORMATION ABOUT APPLICANT'S AND EMPLOYEE'S. And this is one of the reasons a company ask applicant's , "did you ever get a citation", "did you ever have a DUI", "did you ever get convicted of a Misd", "did you ever get convicted of a felony."

What they want is for you to come out and tell them about things that are no longer on the record. This way the company gets paid, or credit, from NSIS and NSIS gets more POWER. They can suggest that they know everything about employee's.

This needs to stop. It is should be a crime to extract information from people UNDER DURESS; filing out an application for a job. What needs to happen is a major law suit that would STOP ALL COMPANIES FROM ASKING QUESTIONS that go beyond the time frames that the law goes by. If the law says the driving record goes back 3 years then companies MUST NOT be allowed to ask, "did you ever get a ticket", if it's 10 years for a DUI then they should not be allowed to ask, "did you ever get a DUI", "did you ever get......".

I'll say what I think at this point. This, asking people if they ever did this or ever did that is a bunch of hog wash.