Criminal Background/ Misdemeanor

[NCDurham]

Hi,

I have recently got accepted a job offer to work in the daycare. I have a criminal background from this past August 2012. It was an assault on a police officer. Can someone let me know if I will get accepted or not in the state of NC? I really need this job, and I have a bachelors of science degree in child development. It is a misdemeanor actually not a felony . Can someone answer my question please?? alot of truthful responses are needed. I have not informed the director about my background. I am actually scared I will get disqualified. I need this job more than ever!

[Patches]

MarinaVanessa
Family Childcare Home Join Date: Jan 2010
Location: Ventura County, CA
Posts: 3,648



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Was it a felony and was there a question on the application that asked about prior convictions? In hind sight this would have been a good question to ask the day that you picked up your application. You can also bring it up in the interview. If it was a misdemeanor you shouldn't even have to bring it up (usually), if it was a felony then it depends on the licensing standards in your state and on the place where you are applying

I think that other thread was yours so I just copied and pasted this answer to this thread. It seems like the answer you need. Hope you don't mind MarinaVanessa

[NCDurham]

misdemeanor

It is a misdemeanor and on the application it said do you have prior convictions I said NO. I didnt really want to tell on my self. Now I am waiting on the criminal fingerprints to come back, I was arrested but its only a misdemeanor. Do you think they will let me work there/.

[MarinaVanessa]

MarinaVanessa
Family Childcare Home Join Date: Jan 2010
Location: Ventura County, CA
Posts: 3,648



--------------------------------------------------------------------------------

Was it a felony and was there a question on the application that asked about prior convictions? In hind sight this would have been a good question to ask the day that you picked up your application. You can also bring it up in the interview. If it was a misdemeanor you shouldn't even have to bring it up (usually), if it was a felony then it depends on the licensing standards in your state and on the place where you are applying

I think that other thread was yours so I just copied and pasted this answer to this thread. It seems like the answer you need. Hope you don't mind MarinaVanessa

Oh thank you. I'm not sure how that happened. Thanks again

[Michael]

Thank you for registering.

You need to report everything. Here are your regulations:

https://www.daycare.com/northcarolina/nor...uirements.html

SECTION .2700 - CRIMINAL RECORDS CHECKS
10A NCAC 09 .2701 APPLICATION FOR PERMITS
(a) In addition to the requirements set forth in Rules .0302 and .1702, of this Chapter, a prospective child care provider shall submit to the Division at the time of application the following forms:
(1) a certified criminal history check from the Clerk of Superior Court's office in the county or counties where the individual has resided during the previous 12
months;
(2) a signed Authority for Release of Information using the form provided by the
Division; and
(3) a completed fingerprint card using SBI form FD-258.
If the prospective child care provider has lived in North Carolina for less than five consecutive years, immediately preceding the date the fingerprint card is completed, a national check shall be completed pursuant to G.S. 110-90.2(c).
(b) The prospective child care provider shall sign a statement declaring under penalty of perjury if he or she has been convicted of a crime other than a minor traffic violation. The prospective child care provider shall maintain this statement on file available for review by a representative of the Division until the notice of qualification is received by the provider. If the prospective child care provider has been convicted, has pending charges or indictments, is under deferred prosecution, has received a Prayer For Judgment, or is on probation for a crime, the prospective child care provider shall acknowledge that he or she is aware that the issuance of a permit is conditional pending approval by the Division.
(c) If the prospective child care provider has been convicted, has pending charges or indictments, is under deferred prosecution, has received a Prayer For Judgment, or is on probation for a crime, he or she may submit to the Division additional information concerning the conviction or charges that could be used by the Division in making the determination of the prospective child care provider's qualification. The Division may consider the following in
making its decision:
(1) length of time since conviction;
(2) nature of the crime;
(3) circumstances surrounding the commission of the offense or offenses;
(4) evidence of rehabilitation;
(5) number of prior offenses; and
(6) age of the individual at the time of occurrence.
(d) A prospective child care provider's refusal to complete the required criminal history record check paperwork is grounds to deny issuance of a permit.
(e) Determination by the Division that the prospective child care provider is disqualified is reasonable cause to deny issuance of a permit.
(f) If the prospective child care provider is a firm, partnership, association, or corporation, the chief executive officer or other person serving in like capacity or a person designated by the chief executive officer as responsible for the operation of the facility, shall complete the criminal history record check as specified in Paragraph (a) of this Rule.
(g) When a Letter of Intent to Operate pursuant to G.S. 110-106 is submitted to the Division, the person signing the Letter of Intent shall also submit all forms as required in Rule .2702(a) of this
Section.
Effective July 1, 2008 109
(h) Determination by the Division that the person submitting the Letter of Intent is disqualified is reasonable cause to issue a Notice to Cease Operation.
(i) Any child care provider who owns or operates an existing child care program, and who is applying for a permit for an additional child care program within one year from the date of qualification that was based on fingerprinting, shall submit a certified criminal history check from the Clerk of Superior Court's office in the county or counties where the individual has resided during the previous 12 months. A new fingerprint card is not required unless deemed necessary by the Division in making the determination of qualification. If the criminal history check was completed more than one year prior to the application for an additional child care program, the applicant shall complete all forms as required in Paragraph (a) of this Rule.

[MarinaVanessa]

It is a misdemeanor and on the application it said do you have prior convictions I said NO. I didnt really want to tell on my self. Now I am waiting on the criminal fingerprints to come back, I was arrested but its only a misdemeanor. Do you think they will let me work there/.

If it's a misdemeanor you have a good chance that it won't count against you. Usually it's the felony's that get you ... however (and I'm being overly cautious here) it does depend on the hiring manager and what the company decides they want to look at. I doubt that a misdemeanor would show up on a criminal background check though. I had a misdemeanor for driving without a valid license when I was young (I had just turned 18) but it was only a misdemeanor and I got a citation. I did pass a background check for a job about a year later (I am in CA) and when I did my background check to get my FCC license it doesn't come up at all.

[NCDurham]

Ok so you think a misdemeanor assault on a police officer will not show up? I hope I am good.

[NCDurham]

I'm so scared and I want to start already

[MarinaVanessa]

Ok so you think a misdemeanor assault on a police officer will not show up? I hope I am good.

Well that was before I read Michael's post. If you are hired and they find out later that you have a charge against you then that would be immediate grounds for termination. Like i said, I'm in CA and the licensing rules here are different. Here we are only required to report felony's (applications also only ask for felony's).

[Unregistered]

You can go to nc.childcare.net for info about child care providers in NC. There is probably an 800 # listed on that site where you can call to ask questions about background checks. Misdemeanors are not held against you but there are a list of crimes that may not be allowable such as an assault. They would best be suited to answer your questions

[Unregistered]

Permits

It looks like Michael's post was in reference to the actual daycare provider's permit. Not all of the staff members?

[Michael]

It looks like Michael's post was in reference to the actual daycare provider's permit. Not all of the staff members?

The North Carolina Child Care Law (General Statute 110-90.2) requires a criminal background check (CBC) be conducted and a determination of fitness be made on all persons who work or provide child care in a licensed or regulated child care facility.

https://www.ncchildcare.nc.gov/general/dhhscrc.asp

[hwichlaz]

This is old....but in CALIFORNIA every thing counts....even misdemeanors. My daughters friend had to be excluded from my facility because of a shoplifting conviction for a $25 item.

[Unregistered]

Maryland

What are MD laws on disqualified for a license. My boyfriend has a record of a couple misdemeanor counts from 20 years ago and i want to open a day care will i be able to?

[Blackcat31]

What are MD laws on disqualified for a license. My boyfriend has a record of a couple misdemeanor counts from 20 years ago and i want to open a day care will i be able to?

Here are the links for info in MD https://www.daycare.com/maryland/

You'll have to read through the links to find out what things are considered disqualifying or you can contact the licensing offices (contact info is also provided via the link) and ask to be sure.