I've heard of guys...

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I've heard of guys...

Postby NOinertia » Tue Jun 10, 2014 3:19 pm

I've heard of guys being yanked out of training classes because of their background check not clearing. I was under the impression that your background check is completed and if cleared then u receive your final offer of employment. Is that not the case? My reason for this post is I was involved in a domestic dispute, charged, completed probation, case dismissed. Being dismissed, thru the courts of the county and state I was residing in, those records are made non-public and I was not convicted. Thru my research I have learned that the BN uses FBI/CJIS. 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!
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Re: I've heard of guys...

Postby Gadfly » Tue Jun 10, 2014 3:50 pm

NOinertia wrote:I've heard of guys being yanked out of training classes because of their background check not clearing. I was under the impression that your background check is completed and if cleared then u receive your final offer of employment. Is that not the case? My reason for this post is I was involved in a domestic dispute, charged, completed probation, case dismissed. Being dismissed, thru the courts of the county and state I was residing in, those records are made non-public and I was not convicted. Thru my research I have learned that the BN uses FBI/CJIS. 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!


Tell the truth! A lie is a lie is a lie no matter when it is told! Sooner or later they will find out. And when/if they DO, they will likely fire you--NOT so much for the facts of the case, but for the fact that you lied on an application. Even it has been 10 years, when they find out (and its not a question of "if"), they will FIRE you. It has happened before. Now, OTH, the fact that you were not "convicted" may help your case, but, don't lie about ANY of it. Even if they non-select you NOW, you may be able to come back for a future session because you told the truth of the case. Concealing ANY facts that as asked on the questionaire is cause for dismissal--even 15 years down the road.

GF
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Re: I've heard of guys...

Postby NOinertia » Tue Jun 10, 2014 5:14 pm

Thanks Gadfly
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Re: I've heard of guys...

Postby cockerhamsg » Tue Jun 10, 2014 8:04 pm

How reliable is the information you heard? Is is a no-BS "this happened and I saw it" or some internet babble to be taken with a grain of salt? How long ago did this information occur? Maybe this was a common problem once upon a time for BN or all the Class 1s and they have since corrected this deficiency. While I don't know for certain, I can't imagine a Class 1 paying for anyone to go to training without being cleared. Maybe thats just me. But I can personally say the hiring process for NS is lengthy, slow, and very thorough. They take their sweet time and will hang you for anything whatsoever, as it is in their best interest. I'm sure the rest are the same way. I would like to say don't worry about it, but hey, stuff happens you know. I'm just some fella on the internet. Your seeds for BN have been planted, so try not to stress out because theres nothing you can do at this point. Just ride it out. If they end up yanking you then thats just how it is. At least you'll know to clarify that information for the next company. Hopefully you're good to go bud.

EDIT: Just re-read your post and caught that you're going to a hiring session. Sorry about that. So if they're anything like NS then they're going to ask you if there is anything you want to change on your app or want to clarify. Now will be the time to clarify this. If you're uncertain about them finding this, and you are, then tell them, in detail, about this occurrence. They will note it and likely move on with you. It's been dismissed, its all cleared up, good to go, right? Shouldn't be a problem. They probably won't even find it on the background according to what you stated. But it's better, in my opinion, to put it out there. You certainly have nothing to lose by doing so. It will help ease your mind if nothing else. They aren't going to scrap you by telling them, this is why they ask these questions AGAIN. Now if you neglected to tell them you murdered someone or something heinous, then yeah, you probably wouldn't have made it to the hiring session to begin with and will be excused from participation. Common sense right? Just my opinion brother. Hope it works out.
Semper Fi
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Re: I've heard of guys...

Postby ljpierce1965 » Tue Jun 10, 2014 8:17 pm

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.
Peace, Through Superior Firepower
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Re: I've heard of guys...

Postby trvr815 » Tue Jun 10, 2014 10:52 pm

What I know of this is that if you were NOT convicted you do not and should not list it. Also if I was dismissed and is not public, again do not list it.
Guys get pulled out of service/fired for a background that was completed insufficiently and thus slipped through the cracks. This can happen a number of ways. This type of situation does not apply to you.

Again, when I was at the BNSF hireing session they asked to only list convictions, period.
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Re: I've heard of guys...

Postby NOinertia » Wed Jun 11, 2014 1:29 pm

trvr815 wrote:What I know of this is that if you were NOT convicted you do not and should not list it. Also if I was dismissed and is not public, again do not list it.
Guys get pulled out of service/fired for a background that was completed insufficiently and thus slipped through the cracks. This can happen a number of ways. This type of situation does not apply to you.

AgTV u ain, when I was at the BNSF hireing session they asked to only list convictions, period.


I can respect that answer. However, I contacted the arresting sheriff's dept and asked if they submit non-public arrest records to the FBI/CJIS criminal justice information system and they said yes. To me that is the same as my record being a public file. In another forum I read the BN uses FBI /CJIS as part of their background checks. I'm in the process of obtaining my own backg round check thru FBI /CJIS and I've been told by the FBI that what I will find on myself is the same record that an employer would see. Just a little shaken up about the whole thing. Even if I find nothing on my arrest and non-public file I still may disclose my findings in the interview to show I'm in the 'gray area' about the whole thing and am doing my best to perform my due diligence. Thank you in advance for your input!
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Re: I've heard of guys...

Postby NOinertia » Wed Jun 11, 2014 7:07 pm

Thanks jlpierce. Thanks trvr815
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Re: I've heard of guys...

Postby NOinertia » Wed Jun 11, 2014 7:09 pm

Thanks cockerhamsg
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Re: I've heard of guys...

Postby cockerhamsg » Wed Jun 11, 2014 8:38 pm

Yes sir. Let us know how it goes.
Semper Fi
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Re: I've heard of guys...

Postby NOinertia » Thu Jun 12, 2014 10:15 am

cockerhamsg wrote:Yes sir. Let us know how it goes.


I will and thanks again
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Re: I've heard of guys...

Postby slchub » Thu Jun 12, 2014 4:06 pm

Many posts and replies here are from those who are new to the board and are seeking employment. Do a quick search for background check info dating back 10 years on this issue in this forum. Those who work for class 1 railroads and provide advice do so as we have been through the rodeo ourselves.

Most HR dept's in the rail industry outsource their recruiting to an RPO (an outsourced company dedicated to the recruitment and placement of workers). It looks like the BNSF uses SuccessFactors as their RPO. That is the RPO handles the database of prospective talent and warehouses the information and checks the talent pool against the needs of the company based upon the online application. The RPO may also check your background info during the online process against national and state records for as publicly available. This can only take a matter of seconds to a few days. Note the importance of the whether the application asks for convictions or arrests. Have you EVER been arrested? Or is it have you ever been convicted of a crime or had a case dismissed or plead nolle-prosequi? These are important questions.

Keep in mind that at this time the the Class 1 RR's are not required to provide the same level of security as the airlines do when hiring new employees. However, if a Class 1 railroad does business with or within a maritime facility (think Port of Long Beach, etc.) then you will have to pass a background check with the TSA in order to gain access to and work within that port. While BNSF may not have the stringent requirements that TSA has for it's TWIC credentialing you essentially will not be allowed to work for the BNSF on a train crew, etc. within the Port of Long Beach. This simple matter may bring bigger headaches if the TSA bars your from a facility due to your background. You also have the possibility of CPB (customs) being an issue if you have a questionable background.

When I did background checks for a major airline before I stated railroading we had to terminate employees who had a background that was overlooked or not disclosed during their employment under the stricter security guidelines after 9/11. No grandfathering. Even if you had been a stellar employee working in a sterile area handling baggage, etc. for the past 15 years without incident, if your background revealed a disqualifying offense you could not work in the sterile area (secured area).

The best advise is to provide all relevant information. Read and reread everything. The railroad has bigger pockets and even bigger legal staffs than you can shake a stick at. If found out you are done.
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Re: I've heard of guys...

Postby NOinertia » Wed Jun 25, 2014 5:49 pm

trvr815 wrote:What I know of this is that if you were NOT convicted you do not and should not list it. ALSO. if I was dismissed and is not public, again do not list it.
Guys get pulled out of service/fired for a background that was completed insufficiently and thus slipped through the cracks. This can happen a number of ways. This type of situation does not apply to you.

Again, when I was at the BNSF hireing session they asked to only list convictions, period.


Trvr815,
You are correct. I spoke to HR at the hiring session and you were right. They are only looking for CONVICTIONS. Thanks again trvr815.
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Re: I've heard of guys...

Postby trvr815 » Fri Jun 27, 2014 9:40 am

No problem.

If one has a past, the name of the game is to be as direct and honest with the questions asked. Never give negative info that is not being asked. This sort of makes you look a bit foolish. This takes a bit of understanding and knowledge on what exactly needs to be addressed and how to answer it.

Glad it has worked out for you!
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