FAQ / Criminal Record Can Bar You from Jobs in Certain Fields. (for D.C.)• Hospitals, Jails, Charities: A background check is required to work as a non-licensed employee at a place that provides direct care for people (like a hospital, a juvenile home, a jail or prison, an institution for the mentally ill, or a charity organization). See D.C. Code Ann. ż 44-552 (2000) (requiring non-licensed persons in eleemosynary, curative correctional and penal institutions to undergo a criminal background check); see also 2001 D.C. Laws 14-40 (Act 14-105, eff. Oct. 13, 2001) (temporarily amending ż 44-552 as to health care facilities such that, through June 2002, only convictions occurring during the preceding 7 years disqualify an applicant and a potential employer may charge the applicant for the cost of conducting the background check); see, e.g., D.C. Mun. Regs., tit. 6, ż 870 (firefighters); D.C. Mun. Regs., tit. 6, ż 873 (police officers). But see D.C. Mun. Regs., tit. 4, ż 503 ("It shall be unlawful to request from an applicant his or her record of arrests at the monetary expense of the applicant."). Convictions for some crimes will bar you from employment in this area. If you have been convicted of any of the following crimes anywhere in the U.S., you cannot get a job working in a facility in health care, community residence facilities, or hospice and home care (remember that pleading guilty is the same as being convicted):
Murder, attempted murder, or manslaughter;
Assault, battery, assault and battery, assault with a dangerous weapon,
mayhem or threats to do bodily harm; Burglary; Robbery; Kidnapping; Theft, fraud, forgery, extortion or blackmail; Illegal use or possession of a firearm; Trespass or injury to property; Rape, sexual assault, sexual battery, or sexual abuse; Child abuse or cruelty to children; or Unlawful distribution, possession or possession with intent to distribute
a controlled substance. Remember: If you have only a first-time offense for simple possession, you can get this expunged from your record. See Chapter 2.4 of this Manual.
If you get the job, the records are kept confidential by the health care facility for as long as you work there. When you stop working for that facility, the company must destroy any criminal record information pertaining to you within one year of your departure. See D.C. Code Ann. ż 44-552.
. • Department of Recreation and Parks: Volunteer work for the D.C. Department of Recreation and Parks also requires a background check, and volunteers will be barred for the same convictions listed above. See D.C. Code ż 10-405 (2000).
. • Banks: You cannot work in a bank or financial institution if you have been convicted of an offense involving dishonesty, breach of trust, or money laundering. See 12 U.S.C. ż1829(a)(1) (1989 & 2000 Supp.). For most convictions, the bank can ask for an exception, but for some crimes – such a fraud, burglary, theft, and money laundering – you cannot work in a bank for 10 years after the conviction. Id. In addition, an employer can fire someone who has a conviction for dishonesty, breach of trust, or money laundering.
. • Any Job That Requires Carrying a Gun: For example, a security guard. If you have been convicted of a misdemeanor crime of domestic violence, you cannot buy, own, or carry a firearm. See 18 U.S.C. ż 922(g)(9) (2001). But see, e.g., United States v. Singletary, 268 F.3d 196, 205 (3rd Cir. 2001) (finding statute unconstitutional on other grounds) Any felony conviction (not only for domestic violence), or any Civil Protection Order (CPO) against you also bans possession or use of a firearm. See 18 U.S.C. ż922(g)(1), (8). But see, e.g., Singletary, 268 F.3d at 205 (finding statute unconstitutional).
Thus, if you have been convicted of misdemeanor domestic violence, have a current CPO against you, or have any felony conviction, you are not permitted to hold a job that requires that you carry a gun.
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