Do I have a wrongful employment suit?

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  #1  
Old 12-16-08, 07:21 PM
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Question Do I have a wrongful employment suit?

Hi, nice to find this forum. I was hired by a hospital required fingerpirinting and fbi clearence to work, no problem; so they allowed me to work why the clearence was pending. i did recieve the clearence, but my employer was curious why it said that i "have a record, but am cleared to work (with children, etc)". i showed them the accompanying rap sheet that showed an ARD from 1980 (i was 18 yrs old). they terminated me, originally on nov 7th, saying i lied on my application saying i had no felony or misdermeanor convictions. I went to the court house and paid a lawyer to expunge my ARD, as i had forfilled all of its requirements way back then. I explained to them in detial that i NEVER had a conviction, just an ARD needing expungement. I faxed the signed court order as well as pennsylvania CRIMINAL HISTORY ACT of PA and a copy of a court judgment of a Corrections Officer that was fired for an ARD (the court had ruled in his behalf, stating it was a Section 905.1 of the Civil Service Act). Now the hospital is saying when my expungment is reflected accurately by all the reporting agencys (on a future fingerprinting), i can reapply for my old position. Am i correct in my understanding that i can not be fired for an completed ARD as i have NO convictions? [sorry about any bad spelling]
 
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  #2  
Old 12-16-08, 08:38 PM
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PA offers ARD (Accelerated Rehabilitative Disposition) for DUI. This is a pre-trial diversion program which allows individuals charged with non-violent offenses to apply for ARDm serve a period of probation, pay court costs, attend programs required by the Court and sometimes perform community service. By doing so the defendant avoids jail and a conviction, so long as they follow the rules of the ARD program and do not commit additional crimes.

ARD and arrests without conviction can affect employability. Cleaning up your rap sheet is your responsibility and should have been done long ago. If you failed to clean up your rap sheet, then PA law allows employers to deny employment or fire employees. Thus, it is important to report rap sheet history to potential employers. Otherwise, you will be considered as dishonest.

Completion of ARD requirements does not mean that the case is automatically dismissed. You must apply to PA court to get charges dismissed. ARD is not considered conviction if dismissed.

You state and ask, "Now the hospital is saying when my expungement is reflected accurately by all the reporting agencys (on a future fingerprinting), I can reapply for my old position. Am i correct in my understanding that i can not be fired for an completed ARD as i have NO convictions?" The hospital followed correct procedure per PA law. Following cleaning up your rap sheet and having charges dismissed and expungement of your record, then, as hospital stated, you can reapply for employment. You do not have a wrongful employment suit.

For more detailed info re: PA rap sheets and court dispositions: http://www.habitat.lac.org/doc_libra...42_pa_rap1.pdf
 
  #3  
Old 12-16-08, 11:15 PM
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Thank for you speedy and informative response. Im still struggling with the point that an ARD is NOT a conviction, but I am still doing more research.
 
  #4  
Old 12-16-08, 11:22 PM
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ARD is not a conviction. But, you still have a rap sheet. You are taking steps to clear that up. Read the PA law link provided on how to clear all that up. You have no wrongful employment suit. According to PA law, it's your responsibility to clear up your rap sheet and your employer did what was allowed within the law. If in doubt, hire an attorney, but you will likely get no where with a law suit. PA law is very clear re: your issue. You got the ARD as an adult at 18. You were not a juvenile. Thus, you have adult responsibilities. You need to clear up you rap sheet and come clean on employment applications.
 
  #5  
Old 01-04-09, 08:52 PM
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how can he come clean on on a job app. he has not been convicted of a felony so he answered true on the app sense you said the ARD is not a conviction or felony. the law is messed up on that one.
 
  #6  
Old 01-05-09, 08:07 AM
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For more detailed info re: PA rap sheets and court dispositions: http://www.habitat.lac.org/doc_libra...42_pa_rap1.pdf <!-- / message -->
 
  #7  
Old 01-05-09, 08:51 PM
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Flirty1, you are correct, a rap sheet only shows any arrests, which may or may not lead to convictions. I had no conviction (as an ard is not a conviction unless its terms had not been completed). Have had a couple lawyers look at it now, and i have decided to persue litigation.
 
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