NOinertia wrote:...........................When I applied and was asked the question 'have you ever plead guilty, been charged with or convicted of a felony' (don't remember the exact wording of the question) my answer was no. I have since learned that the BN can still find out even if case is made non-public thru FBI/CJIS. I have been invited to a hiring session and am considering disclosing my history at beginning of interview. Let me hear it guys, however harsh it may be!
I FOUND THIS FROM ONE OF MY PREVIOUS BNSF APPLICATIONS. THIS IS A VERBATIM COPY AND PASTE WITH HIGHLIGHTS ADDED AS NECESSARY: "A conviction or plea will not automatically bar employment, but will be considered as it relates to the applicant’s suitability for the job in question.
Applicants are not required to disclose sealed or expunged conviction records or arrests. Please click on the following link to review specific state and municipal guidelines and instructions for answering criminal conviction questions."
Here is the COPY AND PASTED information from the link described above:
A conviction or plea will not automatically bar employment, but will be considered
as it relates to the applicant’s suitability for the job in question. Applicants are not
required to disclose sealed or expunged conviction records or arrests.
If you reside in or are applying for a position in California, Connecticut, the District of
Columbia, Georgia, Hawaii, Maryland, Massachusetts, Minnesota, Nebraska, Nevada, New
York, Philadelphia, PA, Rhode Island, Washington or Seattle, WA, refer to the instructions
below specific to your state and/or city before answering the question.
CALIFORNIA: Do not identify any conviction for which probation has been successfully
completed or otherwise discharged and the case has been dismissed by a court. Do not
identify any arrest or detention that did not result in a conviction or any record of a referral
to, and participation in, any pretrial or post trial diversion program. Also, do not identify
marijuana-related convictions entered by the court more than 2 years ago that involve:
unlawful possession of marijuana; transportation or giving away of up to 28.5 grams of
marijuana, other than concentrated cannabis, or the offering to transport or give away up
to 28.5 grams of marijuana, other than concentrated cannabis; possession of paraphernalia
used to smoke marijuana; being in a place with knowledge that marijuana was being used;
or being under the influence of marijuana.
CONNECTICUT: Do not identify any arrest, criminal charge, or conviction the records of
which have been erased by a court based on sections 46b-146, 54-76o or 54-142a of the
Connecticut General Statutes. Criminal records subject to erasure under these sections are
records concerning a finding of delinquency or the fact that a child was a member of a
family with service needs, an adjudication as a youthful offender, a criminal charge that has
been dismissed or not prosecuted, a criminal charge for which the person was found not
guilty, or a conviction for which the offender received an absolute pardon. Any person
whose criminal records have been judicially erased under one or more of these sections is
deemed to have never been arrested within the meaning of the law as it applies to the
particular proceedings that have been erased, and may so swear under oath.
DISTRICT OF COLUMBIA: Do not identify convictions entered by the court more than 10
years ago.
GEORGIA: Do not identify any guilty plea that was discharged by the court under Georgia’s
First Offender Act.
HAWAII: When asked the criminal conviction question, select "I live in the U.S. State of
Hawaii" to proceed. You will only have to answer these questions if you receive a
conditional offer of employment. At that time, you may be asked whether you have been
convicted of a crime within the last 10 years, excluding periods of incarceration.
MARYLAND: Under Maryland law, an employer may not require or demand as a condition
of employment, prospective employment or continued employment, that any individual
submit to or take a lie detector or similar test. An employer who violates this law is guilty
of a misdemeanor and subject to a fine not exceeding $100.
MASSACHUSETTS: An applicant for employment with a sealed record on file with the
Commissioner of Probation may answer “No” with respect to an inquiry herein relative to
prior arrests, criminal court appearances, or convictions. An applicant for employment
with a sealed record on file with the commissioner of probation may answer “No” to an
inquiry herein relative to prior arrests or criminal court appearances. In addition, any
applicant for employment may answer “No” with respect to any inquiry relative to prior
arrests, court appearances, and adjudications in all cases of delinquency or as a child in
need of services which did not result in a complaint transferred to the superior court for
criminal prosecution. Do not identify an arrest, detention or disposition regarding any
violation of law in which no conviction resulted. Massachusetts applicants should not
disclose information regarding first-time misdemeanor convictions for drunkenness,
simple assault, speeding, minor traffic violations, affray, or disturbance of the peace.
Massachusetts applicants should not disclose convictions for other misdemeanors where
the date of conviction or the end of any period of incarceration was more than 5 years ago
unless there have been subsequent convictions within those 5 years. Finally, do not identify
any arrests that are currently pending or awaiting disposition.
MINNESOTA: When asked the criminal conviction question, select “I live in the U.S. State of
Minnesota” to proceed. Do not answer this question at this time. You will only answer the
question if you are selected for an interview, or if no interview, before receiving a
conditional offer of employment.
NEBRASKA: You are not obligated to disclose a sealed juvenile record or sentence.
NEVADA: You must identify all felony convictions, but may limit disclosure of
misdemeanor convictions to those that occurred within the last seven (7) years and which
resulted in imprisonment.
NEW YORK: You may answer “No” concerning any criminal proceeding that terminated in
your favor, per section 160.50 of the New York Criminal Procedure Law; any criminal
proceeding that terminated in a “youthful offender adjudication,” as defined in section
720.35 of the New York Criminal Procedure Law; and any conviction for a “violation” that
already has been sealed by the court, per section 160.55 of the New York Criminal
Procedure Law.
PHILADELPHIA, PA: When asked the criminal conviction question, select "I live in the U.S.
City of Philadelphia" to proceed. Do not answer this question at this time. You will only
have to answer this question after you receive a conditional offer of employment.
RHODE ISLAND: When asked the criminal conviction question, select “I live in the U.S.
State of Rhode Island” to proceed. Do not answer this question at this time. You will only
have to answer this question if you are selected for an interview.
WASHINGTON: Do not identify any conviction entered by the court more than 10 years ago
unless some period of incarceration resulting from that conviction took place within the
last 10 years.
SEATTLE, WASHINGTON: When asked the criminal conviction question, select “I live in
the U.S. City of Seattle” to proceed. Do not answer this question at this time. You will only
have to answer this question after you receive a conditional offer of employment.