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Benham J. Sims, III
Attorney at Law

"I text" (The (502) 509-1759 is my Google Voice Number. This program will transcribe your voice mail message and send your voice mail as a text so I can review the message even if I am in court or meeting with another client. Please speak slowly and clearly when you leave a message. The (502) 509-1759 also accepts conventional text messages.)


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Employers run an employee background check before hiring someone

Check out this letter from an HR associate below to understand why it is important to make sure you have your dismissed criminal history expunged.

As a long time Human Resources manager in Kentucky, I can tell you with confidence, employers will check an applicant's criminal background prior to making hiring decisions. In this competitive job market, employers often receive hundreds of applications for job postings. When applicants apply for a job they should expect being asked to sign a statement giving the employer permission to run a criminal background check. Sometimes the statement is even on the application. Every company I have worked with requires job applicant's to answer questions regarding an applicant's criminal history. Employer's will compare the applicant's answers to criminal background record checks they receive from their human resources staff.

Background checks are usually processed on a national, state, and local level. Most companies instruct their human resources staff to secure background record checks of perspective employees. Most background checks provide information about both arrests and convictions of a job applicant. Even if the charge was dismissed against a perspective employee, the background check will alert employers that an applicant has an arrest for DUI, alcohol intoxication, possession of marijuana, possession of a control substance, shoplifting, theft charges, assault charges, disorderly conduct, and domestic violence arrest. For those seeking sales positions, the employer may also review driving records to determine whether a sales associate is permitted to drive a company car or receive a stipend for automobile reimbursements. Obviously, if a employer has two equal applicants in terms of experience, references, and ability; the criminal background check may be the difference in offering an applicant a job-or even an interview.

While the practice of running background checks used to be reserved for large companies, the practice is much more common today. The internet allows even small companies to research applicant’s employment history, education, and criminal record. Employers even use the internet to review and monitor employees and applicant’s Facebook, Twitter, and MySpace pages. A recent trend among small and midsized companies is to outsource records checks, permitting employers to gather a tremendous amount of information about the applicants. Much of the information available today wasn't available to employer's even a decade ago. Today, with a few clicks of a mouse, a human resource manager can obtain a criminal background check, confirm prior employment, and review Facebook, Twitter, and MySpace entries.

Without a doubt, when applying for a job or a promotion, you should be prepared for an employer to thoroughly review your criminal background. If you have a charge or conviction on your record, please know that employers will use this information in their calculus in determining whether to review your resume or send you a rejection letter. I believe any human resource professional would recommend applicants to review their record and expunge any entry on their criminal record to enhance their chances of securing a job interview.

Rebecca Wilson, PHR
Rebecca Wilson has served as a Adjunct Professor of Human Resources at Bellarmine University College of Business and has worked for a number of Kentuckys largest companies as a Human Resources Professional or Consultant.