Background Check Issue? Forum

[Anonymous User]

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[Barrred]

Its going to be up to your Judge, but cutting in your favor is the fact that he has already decided to hire you. The AO78 is just a formality. I doubt the fare violation is really a "conviction," but if you think that it is, just list it on the AO78 as a "fare violation" with a short explanation how it was an infraction involving less than $100 fine. Putting this into context, people have gotten clerkships with DUIs on their record. I've been in a judge's chambers when a future clerk background check came back with a hit for something minor. The AO cover letter basically said: this came up when we ran their FBI criminal history report, its up to you what you want to do. I can't imagine a world where a judge sees a sub-$100 violation and decides he doesn't want that guy to work for him, unless maybe there is some terrible backstory that comes out of that disclosure, but even if there was, the Judge isnt going to the police report, hes just going to see the one-liner on the background check (if this "conviction" was even reported to NCIC) plus whatever you put on your AO78.

[Anon-non-anon]

I cannot possibly imagine any judge booting you for this. I could be wrong, but I can't imagine it.

[Anonymous User]

I had basically the exact same issue when I applied -- it was a double-punched fare ticket, rather than no ticket, but essentially the same thing. I decided to disclose it because I figured it was better to be up front about a very minor infraction than to be caught failing to disclose information that someone might think should have been disclosed. I also put down a sentence about the extenuating circumstances in which the infraction occurred, because I figured that couldn't hurt.

I don't think my judge even looked at the AO78 form at all, and if he did, he certainly didn't notice the infraction. He would have delighted in kindly teasing me about my criminal past if he had.

[Anonymous User]

I had basically the exact same issue when I applied -- it was a double-punched fare ticket, rather than no ticket, but essentially the same thing. I decided to disclose it because I figured it was better to be up front about a very minor infraction than to be caught failing to disclose information that someone might think should have been disclosed. I also put down a sentence about the extenuating circumstances in which the infraction occurred, because I figured that couldn't hurt.

I don't think my judge even looked at the AO78 form at all, and if he did, he certainly didn't notice the infraction. He would have delighted in kindly teasing me about my criminal past if he had.

OP here. Thanks all, and especially the quoted anon, for easing my paranoia.

[Wild Card]

Your judge might be made aware of it, but I imagine he or she would give you a call and laugh about it with you.

[Anonymous User]

on this particular issue, do people know what exactly goes into review of the ao78 form? what kind of background check is conducted? is it done through a third party company? I have no criminal history to be concerned about, but I feel like background checks are becoming more and more extensive these days, and I certainly don't want to be blindsided by something that I'm not prepared for.

[Anonymous User]

on this particular issue, do people know what exactly goes into review of the ao78 form? what kind of background check is conducted? is it done through a third party company? I have no criminal history to be concerned about, but I feel like background checks are becoming more and more extensive these days, and I certainly don't want to be blindsided by something that I'm not prepared for.

[Anonymous User]

I had a misdemeanor arrest (eventually dismissed with no conviction) and had to disclose it to both my judges. One took it pretty seriously, and we talked about it for about an hour; they made clear that they wouldn't typically hire someone with any criminal record and that the clerkship was zero-tolerance for future infractions. I left that convo with the understanding that, basically, if I was arrested again, I'd get fired---even if I could explain myself. Nothing happened and it was fine, but they now ask all interviewees about criminal history/arrests in the interview. I assume that judge is an outlier. My other judge didn't really care at all, but they both knew about it from the AO78.

[Anon b/c discussing criminal history and judges I've worked for]

[Anonymous User]

Along these lines... What would a judge make of a freshman year of college underage consumption of alcohol charge? I've been spotless since then (no arrests or even tickets, volenteering in the community, etc.) However, because it was in a place that enjoys overcharging, it was charged as a class A misdemeanor.

[Anonymous User]

Since we are all throwing out background check-related questions, I thought I'd also chime in with this question -- can anybody who is in their 2nd clerkship describe the onboarding process? Does it start as if you're a brand new employee or is it more like a lateral transfer within the same company? Do you need to get fingerprinted again? What is the extent to which the second clerkship does the same background check as the first clerkship? Any insight on these issues would be helpful. Thanks!

[Anonymous User]

Since we are all throwing out background check-related questions, I thought I'd also chime in with this question -- can anybody who is in their 2nd clerkship describe the onboarding process? Does it start as if you're a brand new employee or is it more like a lateral transfer within the same company? Do you need to get fingerprinted again? What is the extent to which the second clerkship does the same background check as the first clerkship? Any insight on these issues would be helpful. Thanks!

If there isn't any time between clerkships, then it will be a transfer. If there is any gap between clerkships, you'll be a rehire. If the HR people on both ends are helpful, they will transfer your fingerprints, and maybe even your photo for your new badge. You will, however, need/want to complete a new AO-78 form as the updated information with the last year of work on it may impact your JSP and pay. Also, you'll have to retake the oath of office. One thing that might be worth doing is advising IT at your current clerkship that you'll be going to a new clerkship so that they promptly do what they need to for closing out or transferring accounts relative to login information for Jenie/Pacer/etc.