FYI, A misdemeanor in the state of Georgia is a life sentence. My story.

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Just another form of legal discrimination in the US. Shoulda got a lawyer when you were originally charged to have the charge deferred or lowered. Never go to court without a lawyer.
 
Guileless said:
You can bankrupt unsecured debt easily. I think the vast majority of people in your situation would. Talk to a bankruptcy attorney.

I have no idea about visas and whatnot but the European guy who posted earlier says its easy in his country so ask him where he lives. Plenty of immigrants show up with little or nothing to their names.
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The problem is that European countries might be lenient when it comes to their own citizens but even a minor misdemeanor can act as a huge barrier when you want to move to a specific country (in order to find a permanent occupation).

Finland for example, we have draconian policies and we deny people even over traffic offences and what not. Battery, even after a long time, would probably disqualify you from many European countries (if not all of them). I don't know what the situation in Canada is but :

While Canada's policies on criminal record is strict, any convictions no matter how minor or how long ago makes anyone inadmissible, it is possible to overcome the inadmissibility by submitting an application for "rehabilitation". This process can take a long time and requires numerous references to prove that you are in fact rehabilitated and that further offenses are unlikely. - wiki
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So it's not just an issue related to United States. People tend to have a rather puritan view if they are asked "should a foreign person be allowed to work here if he has done Y or Z".
 
Thacker said:
And that policy doesn't sound discriminatory to you at all?
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It doesn't to me. As I said, it's a liability. A company has interests in the safety of its employees, and it has a responsibility to its share holders. This has nothing to do this sexual orientation, religion, race, or gender.
 
Skunkers said:
Errr... are you sure? Are you a lawyer? I would think police statements where they documented interviews with suspects are admissible in court. For example, I know police can write accident reports based on interviews with witnesses/examination of tire marks/etc. even when they were not present at the scene of the accident, and those are admissible. What is the point of police questioning/interrogations if they are not admissible? You're saying you can confess a crime to an officer, and then change your mind and plead not guilty in court, and the police testimony is hearsay? I'm lost.
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I am a lawyer. Hearsay is very complicated. A confession is admissible as an exception to the hearsay rule under certain circumstances. But you cannot be convicted based on an out of court witness statement only. Read up on the confrontation clause for more info.
 
WanderingWind said:
Er, no. That would be between him and the prospective employer. Not the entire internet to have to pick apart and castigate him over.
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I agree with that. He should at least PM the details to the GAFer who is trying to help him land a job. I know that I couldn't vouch for a person who did that.

I believe you are a changed person OP. I hope you are able to put this behind you. Try applying at a smaller company.
 
B-Dubs said:
It sounds like maybe the DA seeks out cases like this if your quote is accurate.

This entire thing just sounds really really messed up. How did the DA get the go ahead to prosecute without a victim willing to press charges? Like I said, there are wife beaters (people who literally beat their SO to a pulp) who never see the inside of a courtroom because their spouses don't want to press charges.
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I was told by my lawyer they were able to prosecute due to my admission of striking her over the phone to the cop.
 
Carnby said:
I agree with that. He should at least PM the details to the GAFer who is trying to help him land a job. I know that I couldn't vouch for a person who did that.

I believe you are a changed person OP. I hope you are able to put this behind you. Try applying at a smaller company.
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And you are the exact reason expungement needs to be available for people in my situation. Some people aren't able to look past parts of things that are just that, peoples pasts and as such, people in my situation should be able to hide such things from public view so we can move on with our lives and contribute to society instead of rotting away in debt and without any means to support ourselves or those around us that we care about.
 
Thacker said:
And you are the exact reason expungement needs to be available for people in my situation. Some people aren't able to look past parts of things that are just that, peoples pasts and as such, people in my situation should be able to hide such things from public view so we can move on with our lives and contribute to society instead of rotting away in debt and without any means to support ourselves or those around us that we care about.
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Excuse me? I saw what you did to her, and I am not going to put my professional reputation on the line for you.
 
Thacker said:
And you are the exact reason expungement needs to be available for people in my situation. Some people aren't able to look past parts of things that are just that, peoples pasts and as such, people in my situation should be able to hide such things from public view so we can move on with our lives and contribute to society instead of rotting away in debt and without any means to support ourselves or those around us that we care about.
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This is true. After paying back your debt to society, this information should not belong to anyone else but you and the injured party.

I understand that companies are looking to minimize risk but these private databases undermine the entire judicial system and deny the possibility to have a fresh start.
 
Carnby said:
Excuse me? I saw what you did to her, and I am not going to put my professional reputation on the line for you.
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I bet you've done tons of shit in your life that, if fully disclosed to employers, would make them NEVER want to hire you.

Stop being a judgmental asshole.
 
Aesius said:
I bet you've done tons of shit in your life that, if fully disclosed to employers, would make them NEVER want to hire you.

Stop being a judgmental asshole.
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Edit: After learning the OP is a troll on other forums and started a back fire thread here on NeoGAF that resulted in him posting another woman's personal information and being banned, additionally, I was one of the few who actually read what he did to her. I am not going to be harassed into being sympathetic.
 
Carnby said:
Excuse me? I saw what you did to her, and I am not going to put my professional reputation on the line for you.
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And you fully believe in your eyes, the punishment I've received for said crime and continue to do so is just in anyway shape or form? Do you believe this should follow me the rest of my life and continue to bar employment and the ability to have a happy, fulfilling life?

What about when I start a family one day? Should this also punish them when I am not able to support or take care of them? What about my family now that I am burdening by living with and who are covering my bills?
 
I think it's reasonable to expunge a misdemeanor, after a certain number of years, but you can't fault employers for making decisions based on this kind of information, when it's available to them. Putting aside that it opens them up to liability, it's also an easy way to distinguish between you and the hundreds of other qualified applicants they're getting.
 
Did your offense involve workplace violence? Your "altercation" description is vague enough that additional detail should be provided if looking for sympathy/assistance/change.

Reactions in this thread would be different if you were charged with beating up your boss.
 
Carnby said:
Excuse me? I saw what you did to her, and I am not going to put my professional reputation on the line for you.
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So basically you're saying that you and every other company out there should be allowed to use "liability" as an excuse to discriminate upon people who's crimes happened years upon years ago. Even though they have already had their punishment. And as a result, these people will be forever punished for the rest of their lives without ever being able to make a full recovery.

You really need to step back and realize how horrible you're acting right now. Far worse than what Thacker has ever been.
 
ICKE said:
The problem is that European countries might be lenient when it comes to their own citizens but even a minor misdemeanor can act as a huge barrier when you want to move to a specific country (in order to find a permanent occupation).

Finland for example, we have draconian policies and we deny people even over traffic offences and what not. Battery, even after a long time, would probably disqualify you from many European countries (if not all of them). I don't know what the situation in Canada is but :



So it's not just an issue related to United States. People tend to have a rather puritan view if they are asked "should a foreign person be allowed to work here if he has done Y or Z".
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This. Everyone telling him to leave the country as if other countries open their arms for people with a criminal history. It wouldn't be that easy, he'd have a tough time regardless since it's not just a US thing. That doesn't mean it's right. Good luck to you OP. I hope that Texas job offer pans out for you.
 
sh4mike said:
Did your offense involve workplace violence?
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No. It happened in an apartment and in no way shape or form was related to my line of work. I excelled at all the jobs I held previously. My first job was as a contractor for IBM where I was promoted to team lead at the call center after only 6 months, the youngest on the floor by far. My second job was the same thing, I was well on my way to a very successful career and this in no way would have ever reflected on my job performance or work place relationships. I am one of the hardest working people I know (biased) and would be a great asset to any company that would give me a chance... but I don't want a company to "give me a chance" I want this stricken from my past so I can move on and have the life that I want.

'Merica
 
Chezzymann said:
So basically you're saying that you and every other company out there should be allowed to use "liability" as an excuse to discriminate upon people who's "crimes" happened years ago. Even though they have already had their punishment. And as a result, these people will be forever punished for the rest of their lives without ever being able to make a full recovery.
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What's the alternative? Force companies to hire individuals with criminal backgrounds? Then what happens if someone is attacked at work? Do you still hold the company liable? It would be foolish for companies not to take liability into consideration when making hiring decisions.

If you want change, you need to focus on legislation that either: (1) protects companies from liability for work-place violence (although, is that really something you want?); or (2) allows individuals with certain minor offenses to have their records expunged after a certain amount of time (much more reasonable).
 
Thacker said:
Sadly in 2009 I was told by an HR worker that it wasn't that I had a misdemeanor that was the problem, it was the type of crime being violent. She openly stated to me that "if it had been something more minor, like a DUI or something more common" it would not have barred employment for me. Looking back on it, this statement was absolutely insane.
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what..

i can't. i don't think i could have held back the urge to slap the fuck out that lady
 
Guileless said:
This isn't a justice system problem as much as a technology problem of giant easily searchable databases and a very tight labor market. Domestic violence is a tough problem for the justice system to handle because it often deals with situations like Thacker's. But we don't want to go back to the 50s when women had no recourse.
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It's a problem due to fear of ludicrous lawsuit damages. Technology happens to make it easier to track in this specific case but it doesn't have much to do with the larger issue. A while back on GAF we had the thread about the beach lifesaver who got fired for wandering out of the areas he was supposed to protect to save a women's life. The OPs situation is kind of the direct opposite of that scenario.

Either way, it's an unfortunate fact of how our society currently works. OP, best of wishes on the expunging of your record. I'd echo what someone said earlier that this seems like something a local action news might help out with
 
Omega Rex said:
what..

i can't. i don't think i could have held back the urge to slap the fuck out that lady
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People tend to forget that someone with a DUI drives on the same roads as you, and puts not only you, your family but everyone else on the road at that time in risk. But since drinking is so accepted in the world it tends to get overlooked as a "Damn you got caught" instead of a "damn you shouldn't have been doing that" type deal.
 
That's really terrible. Isn't GA just asking for repeat offenders by refusing to expunge stuff like this? Seems like a vicious cycle to me.
 
Unfortunately, people in this predicament often must rely on networks to get decent jobs. It's unfortunate because not everybody is in a position to have contacts willing to vouch for them for desirable jobs. As well, the company is likely going to have to be smaller and less formal than a corporation with an HR department that is obligated to follow various hiring procedures. But you shouldn't give up OP. A friend of mine who has a felony record from his younger days managed to get a low-level position (through a contact) at a small company and has over the years moved up into management. He's not making a killing or anything, financially, but he's quite happy. And, of course, very, very lucky.

Carnby said:
It's also a issue of liability. If a person with a history of domestic violence were hired, and then years later hit an employee, then people would want the company's ass on a platter for not doing a background check and/or hiring a person regardless of criminal history.
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That can be fixed by laws which either prohibit reliance on criminal records that are so many years old or liberalizing expungement. You are right that liability is probably an issue right now. But that is fixable. People who have criminal histories have to be able to get jobs.
 
Thacker said:
People tend to forget that someone with a DUI drives on the same roads as you, and puts not only you, your family but everyone else on the road at that time in risk. But since drinking is so accepted in the world it tends to get overlooked as a "Damn you got caught" instead of a "damn you shouldn't have been doing that" type deal.
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It's not just that. It makes perfect sense for employers to distinguish between a DUI and an assault charge, depending on the context of employment. If the position being considered is an office job, there's no risk of liability if the individual gets another DUI because it will necessarily occur outside of the employment. An assault charge, however, can be repeated at work and creates greater risk.

If the employer is looking to hire a truck driver, the risk would be 100% flipped and the DUI would prevent them from getting hired.
 
Just wanted to pop in and wish you luck, OP. I used to intern at a juvenile detention facility and I saw a lot of what you're going through / went through. It's not fair that society complains that these offenders are free loaders and degenerates when nothing is being done to solve the problem. You sound like a great guy and you deserve a new start after everything that's happened.

A lot of those kids that I worked with were great, and deserve a second chance. I hope you find the same.
 
Red Comet said:
That's really terrible. Isn't GA just asking for repeat offenders by refusing to expunge stuff like this? Seems like a vicious cycle to me.
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Back in the 90's and early 2000's we tried putting them all in jail for long periods. That got quite expensive. Plus some federal; lawsuits due to overcrowding were lost by the state.
Georgia is a red state, they only care about middle and upper class folks who do not cause trouble and pay their taxes. No bleeding hearts here.
And it will be that way for the foreseeable future. Georgia has always been very conservative. Its just that the people have switched to the Republican party.
 
krazen said:
The way the US treats people after being accused/committed with crimes literally throws lives away. And considering that the prosecution rates tend to be very race and class based is why imho the idea of systematic racism/classism is a very large part of US life...depending on what neighborhood you grew up in there's a chance you might just get swept into getting arrested by being in the wrong place/wrong time (with only an overworked public defender to help you).
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Perfect summation of the American permanent underclass system.

The OP's story is the new Jim Crow working as designed. (I mean, I guess he might be white, but the design includes some lossage.)

I would observe that a blanket dismissal of all applications with an arrest record is against EEOC regulations, but it's probably impossible to enforce. Unfortunately, I would probably recommend moving to a better state.
 
Just get the conviction expunged. I can understand the trouble that is causing you, but you have to understand why employers won't hire someone with a criminal record. First, the liability they will face if a person they hired was convicted for a battery and then later committed another battery under the scope of his employment. Of course it all depends on the crime one person committed. Usually employers don't want to face the liability for negligent hiring someone with a criminal record. Just petition for it to get expunged and you should be fine.

Darkman M said:
Crazy, didn't know a misdemeanor offense could fuck you over like that.
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Idk if you know, but misdemeanors can carry a jail sentence of 364 days in jail. It can definitely mess up your life.
 
In Norway, only safety and security related jobs can do a background check on employees and prospect employees. Of course, our system is based around correction, not punishment. Seems to work, seen how our recidivism rate is (among?) the lowest in the world.

Sorry to hear that it's not the case in the US. You could always come over here!
 
Keri said:
If you want change, you need to focus on legislation that either: (1) protects companies from liability for work-place violence (although, is that really something you want?); or (2) allows individuals with certain minor offenses to have their records expunged after a certain amount of time (much more reasonable).
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Yeah, the second option is probably the best. I refuse to call our justice system anything close to "justice" when people like the OP cannot move on from what they did and are forced to be discriminated against forever. Justice is supposed to correct wrongs and let people learn from their mistakes. Not throw people's lives away. Stories like this really set off some real alarm bells to me about our society and how we deal with minor offenses. People can change. Right now we're treating them like they never can.
 
Septimius said:
In Norway, only safety and security related jobs can do a background check on employees and prospect employees. Of course, our system is based around correction, not punishment. Seems to work, seen how our recidivism rate is (among?) the lowest in the world.

Sorry to hear that it's not the case in the US. You could always come over here!
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I wish. I love me some Dimmu Borgir
 
My friend has a drug history and is a minority. He got sober started his own business, undercut the prices of the company he worked for and they went out of business and now has some of them working for him. Not always realistic but hey.
 
Thacker said:
Yep yep. Your name seems familiar.
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I'm not gonna shit your thread up and I don't think it's right or fair to be disqualified from those jobs over a single misdemeanor.

But I also do remember you from back then and I also remember how much trash you talked and how much you instigated shit.
 
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