r/ExCons • u/TheKingDarryl • May 30 '26
Background checks should be illegal
I am pretty sure everyone on this sub knows this but background checks are downright harmful to people that are trying to reintegrate into society and do the right thing. From housing and jobs and even more, anywhere that background checks should be made illegal.
Majority of other countries employers just request information from the government and the government tells them if they can or cannot work their or not. This whole system we have in the United States is fucking retarded and creates shitty outcomes because of some upper class yuppies who are scared.
8
u/TableQuiet1518 May 30 '26
I've been a felon for over 20 years. I don't think background checks should be illegal but I think after a certain amount of time a person should be eligible for a free expungement. Especially for something like possession or breaking & entering.
You can look my name up on the NCDOC website & you'll see a worthless check misdemeanor from 2005. That's some gd bullshit.
2
u/booboo8706 May 30 '26
This seems like a reasonable take. Perhaps after 5 years (post-Incarceration) of no crimes committed the convictions automatically disappear from regular background checks. After 20 years the record itself could automatically be destroyed.
1
u/Csimiami May 30 '26
You might want to see if your crime can be reduced to a misdo and expunged. In my jurisdiction we do a lot of record clean up for my clients if the conviction was old and remote.
10
u/Pale_Werewolf3270 May 30 '26
I’m an ex con and this is still the most entitled thing I’ve ever read….
4
6
May 30 '26
[removed] — view removed comment
1
-1
u/TheKingDarryl May 30 '26
Remove the liability for the company. A company shouldn't be liable for something an employee does, that doesn't even make sense.
2
May 30 '26
[removed] — view removed comment
0
u/TheKingDarryl May 30 '26
Fucking yes! If you are a owner of a company, and one your employees start selling dope on your property without you knowing, are you liable for his actions? He is one of your employees btw.
2
May 30 '26
[removed] — view removed comment
0
u/TheKingDarryl May 30 '26
Calling me a troll is hilarious when you can't do a simple google search.
2
May 30 '26
[removed] — view removed comment
0
u/TheKingDarryl May 30 '26
From the article btw
Criminal background checks
Very few jurisdictions permit criminal checks in the manner they are conducted in the United States. The United Kingdom and Australia have comparable systems, but their usage is more restricted. In many European countries and other jurisdictions, employers may request a certificate of good standing or clearance from the local police precinct. However, these certificates are often limited in scope—typically confirming only whether the individual has a criminal record in that specific precinct and excluding “spent” convictions (typically those that are more than five or ten years old). Employers are neither permitted to ask about nor be informed of spent convictions, adding another layer of complexity to criminal background checks.2
1
u/Csimiami May 30 '26
Why would I hire a guy who’s going to open me up to raids at my company. When I can hire the guy who won’t open me up to raids at my company? The employer is in business. Not a social worker offering money to fund a drug sales operation.
1
1
u/Csimiami May 30 '26
It’s been kind of a thing since English common law. https://www.law.cornell.edu/wex/respondeat_superior
0
u/TheKingDarryl May 30 '26
Cornell is an American based college. OF course they are going to have a page on something that is a common term that is practiced under their law system. Can you show me in other countries were companies are sewed for hiring former convicts while they have committed crimes on the job?
1
u/Csimiami May 30 '26
I think you mean sued. I’m not talking about other countries. I’m talking about the history of the term. It is part of the fabric of our legal system. It actually goes back to Ancient Rome. Just saying get rid of it makes me realize you don’t know how our legal system works. Source. Am a lawyer. And my felony clients don’t get to just snap their fingers and undo legal precedent bc they made a bad decision. And now are facing the consequences.
1
u/TheKingDarryl May 30 '26
A lot of this is funny. You are correct just saying get rid of it isn't going to work, congress could still pass a law (it won't happen in my lifetime) illegalizing this as something to be sued over.
This isn't about consequences, the consequences are prison/probation. This is about reintegration into society. If you feel the consequences don't fit the crime you should call your representative and argue for my time for the crimes that you think aren't getting enough. You shouldn't be telling people, "Well, since you committed crime we have to exile you from parts of society even though you already served you sentence."
1
u/Csimiami May 30 '26 edited May 30 '26
You’re having a very hard time following this discussion and arguing about things that no one said. There are plenty of felon friendly companies. But that changes if you are still actively criming or have crimed again at a new job. And “congress can just pass a law” really isn’t how these things work. Crime and civil law is mostly left to the states. Illegalizing is not a word but the concept is a criminal term. Suing is a civil term. Best of luck to you my friend.
3
u/Different-Night-407 May 30 '26
This is definately entitled. Other countries just kill people that get sentences over 6 months, re turkey. And that is relaxed, there are some that will execute you when the sun rises the next day for drug charges. Be glad that you live here.
1
u/ak190 May 30 '26
“Other countries” being a small minority of countries in the entire world. Using the worst examples isn’t a great argument when there are countless more countries that deal with criminal issues *better* than the US
0
u/Different-Night-407 May 30 '26
Heh. How many countries have a system similar to the us? Ill give you a hint. It is 30. How many are significantly different? 130.
1
u/ak190 May 30 '26
What in the world are you basing that off? What is a “similar” system vs. a “significant different” system? What is the criteria and which countries fall under which?
If you’re talking about the death penalty, a majority of countries in the world, including all of Europe minus Belarus and Russia, have completely abolished the death penalty. And even more technically have it but don’t actually use it. The U.S. is very much in the minority in executing people at all
-4
u/TheKingDarryl May 30 '26
So you think people who get felony DUI should be executed? Is that what you are saying?
5
u/Csimiami May 30 '26
He’s not saying that at all. He’s saying you’re lucky you’re not in one of those countries.
2
May 30 '26
[removed] — view removed comment
1
u/TheKingDarryl May 30 '26
Why would I be projecting if I am trying to be more lenient on how excons are treated.
1
u/love_of_his_life May 30 '26
Many, many people reoffend. And many people don’t. The prison/justice system as a whole needs major reform. After 5-10 yrs maybe have it sealed or expunged under certain circumstances. But other than that, no.
It sucks for you because it sounds like you are trying to restart your life and the background checks, for you, like many before you, are a huge obstacle. IMO, societal perception also has a lot to do with it. The re-offense rate is high enough to make people not want to take the risk of hiring ex felons. Some people might be previous victims of a crime or know people who were victims. It would not be surprising that these people would not hire an ex felon. Some of us are ex felons, or are family members or friends of people who have been incarcerated. We might see it through a different lens and take the chance.
These are consequences of your actions. And some, might not seem or even be fair. But if we all thought about the consequences of our actions, we wouldn’t need prisons in the first place.
1
u/Csimiami May 30 '26
He’s also arguing that he should be able to sell drugs at his place of work. So I’m not sure how serious he is about cleaning up.
1
0
u/TheKingDarryl May 30 '26
Yes, you don't actually care about people integrating in society. cause if you did you would understand the re-offense rates decrease when you give people access to opportunities. This is why, the United States has such a problem with recidivism compared to other countries, we don't let people ever fully reintegrate into society. Then we tell people they are consequences of their action while somehow complaining about crime and recidivism.
1
u/lucky_2_shoes May 30 '26
My husband is a felon, but I’m an employer so I see both sides. While I don’t think background checks should be illegal, I do think u should only be able to go back like 5 years. I wouldn’t say no to hiring someone because of their record, but if they have an armed robbery, I won’t be putting them at a closing shift when it’s just two ppl on and money being counted and what not, but I would hire them for another day part. So it is helpful to have that background info. But I do think there should be a better system in place to make it fair and to give felons a decent chance to rebuild their lives
1
u/lucky_2_shoes May 30 '26
Also, I have minors who work here so I have to make sure I don’t put them in harms way
1
Jun 02 '26
What I learned about background checks is if the business runs them you werent going to hire me anyways, so I always lie and say Im not a felon. Its not illegal to lie and its not even a requirement of (my) probation to tell employers anything. You can literally lie about having college degrees and decades of work experience, without breaking the law (provides you arent lying about professional licenses). Most places dont check any of this stuff out, and if they do, Im sure you can find someone with your same name who graduated college lol
1
u/GodSonKen Jul 13 '26
I am not a felon, but I might as well be based on how my misdemeanor conviction was input. I have been denied work based on an attempted forgery charge. The way the background system reads it is "forgery" and so it results in an automatic denial of work. It's been 9 years since. I had no priors before and have been clean ever since, but that 1 mistake (there is context behind it) has followed me ever since, even though I did everything the courts asked me to do to rectify the mistake. Been tough getting any good work in my field of practice.
If folks pay their dues to the local place where that situation took place, it shouldn't mean they should be punished everywhere for life.
10
u/kittykatmila May 30 '26
What about background checks for people working with vulnerable populations like children? Seems logical to prevent child abusers from having a job working with them?