Background Checks

[testingsux]

Compared to some of the stuff I've read here, this will be considered childs play. I have a job offer that is going to require a Drug screen and will include a background check.

I have, two misdeameanor's over the course of 16 years. Both happen to be DWI's that were reduced to DWAI's. They were approx. 16 years apart...but for the same stupid shit.

I'm just wondering if anyone could shed any light as to whether they passed their Drug screen but the employer declined the offer after doing a background check.

I just read a post where someone did not get a job because of a misdeameanor. This is a desk job with minimal travel. I finally got comfortable with everything I need to do to pass the UA, and now I'm freakin' out about the background check.

Thanks...

testingsux Reviewed by testingsux on 12-21-2007. Background Checks Compared to some of the stuff I've read here, this will be considered childs play. I have a job offer that is going to require a Drug screen and will include a background check. I have, two misdeameanor's over the course of 16 years. Both happen to be DWI's that were reduced to DWAI's. They were approx. 16 years apart...but for the same stupid shit. I'm just wondering if anyone could shed any light as to whether they passed their Drug screen but the employer declined the offer after Rating: 5

[testingsux]

Disregard. DWAI is a traffic infraction... Does not show up on a criminal record. My apologies for the waste of bandwidth...

[BongLoser]

Couldn't be a waste I learned something from it so thanks for that one but if you ever get back to this post I have a question. I have heard of DUI and DWI but never DWAI?

[testingsux]

Couldn't be a waste I learned something from it so thanks for that one but if you ever get back to this post I have a question. I have heard of DUI and DWI but never DWAI?

It's a New York thing...Driving While Ability Impaired...I think it's the same as DUI in other states..maybe.

[pippra]

New York DWAI - Driving While Ability Impaired by Drugs

Driving While Ability Impaired by Drugs (â??DWAI-Drugsâ?�) and Driving While Ability Impaired by the Combined Influence of Alcohol and Drugs (â??DWAI-A/Dâ?�).

A person can be convicted of a DWAI-Drugs if that person is found to have been driving while his or her ability to do so is â??impairedâ?� as a matter of law by a drug, whether the drug is technically legal or illegal to possess or ingest, and whether prescribed or not. However, the particular impairing â??drugâ?� must be listed as a â??controlled substanceâ?� under the New York State Public Health Law. As a result, though some motorists may have been impaired by what they consider to be a â??drugâ?� at the time of driving, impairment by some â??drugsâ?� may not establish a violation of the law for purposes of DWAI-Drugs.

â??Per seâ?� laws make it illegal for someone to operate a vehicle while possessing a BAC above the limit of .08%, and, therefore, they serve as a basis to suspend a personâ??s driving privileges at arraignment. However, there are no â??per seâ?� laws where drugs alone are involved. Therefore, under many circumstances, and without an accompanying BAC test, a DWAI-Drugs or DWAI-A/D motoristâ??s license should not be suspended at arraignment.

Background check Protection:
As a job candidate or employee, your privacy rights are protected by several laws. According to BackgroundSearch.com, these laws include:
1. The Fair Credit Reporting Act (FCRA).
2. The Driverâ??s Privacy Protection Act.
3. The American with Disabilities Act (ADA).
4. Different states have different legal _frame_works, such as the Investigative Consumer Reporting Agencies Act which exists in California.

Generally, employers always get written permission, especially if they do a credit check. The FCRA is very strict on this and can cause the employer a lot of trouble and fines if he does not have your permission for a credit check. However, information like criminal records is available to the public and he does not need your permission to check it.

If your employer does the check himself, and does not pay an outside company to do it, he is allowed to get almost all the information that he can get, without your permission.

Employers are always allowed to get information about you if it directly affects your job duties. For example, if you will be a delivery truck driver, then your employer can check your driving records. If you will be a cashier and handle money, he can do a credit check. Although, you employer will need your permission to run a credit check or driving record check, he can just not hire you if you do not give him permission.

Here's a thought, don't smoke and drive. You might kill a child, instead of just get a ticket. You have been tempting fate for 16 years.

[testingsux]

It was DWAI Alcohol...not drugs. Either way...it's a completely stupid thing to do. Thanks for taking the time to post. I have children now and have wised up. I'm trying to be sure that my mistakes in the past won't affect my future and from what I've read, I *should* be okay. I faxed the forms back over a week ago and haven't heard back. My credit is good and I don't have any other offenses ouside of the DWAI's. No news is good news as far as background checks go (my wife is a headhunter). Now I just have to get past the drug test...

[Dreadscale]

As a rule the employer is looking to see if your a felon, or just an all around screw up.
Some minor offenses can bar you from certain types of employment.

Like:
Domestic Violence / Care Giver
DUI / Truck Driver
Petty Theft / Cashier

Just depends what they are looking for. Also Public Records are just that, Public Records, anyone can look at them. For a small fee they will mail you a copy, if you know what it is your looking for.

The drug test is the easy one. Don't Smoke and it will never show up.