The purpose of this thread is to show that there is reason for those who have a “record” to be able to keep their employment… That is all…
I’m not sure what you’re getting at here. You started this thread as a campaign against some still unstated provisions of the FOIA. “People being held down and supressed by those in power” is not a provision of the act, but more of a political slogan.
Then when people point out to you that the availability of your criminal record is unrelated to the FOIA, you accuse them of playing politics. I’m not sure how those are related.
There are also benefits to it, like I said…
- reduce crime rate
- reduce prison inmate population
- reduce illegal immigration
- reduce drug rate
etc, etc, etc…
I’d want to see reliable statistics about that before I believed it. (I don’t doubt that you believe it, I just mean that you might be mistaken.) Some people, knowing that they would be severely hampered from getting a job if they were arrested for DUI, may avoid drinking and driving. People with records have already shown that they are not overly concerned about breaking the law. It seems to me that if they thought they could break the law and then nobody would ever have to know about it, it would make them more likely to do it again, not less.
Why not let those with “records” work…? How is it right to strip ones employment away because of a “record”…?
The government is not preventing you from doing anything. They are not preventing you from working, stripping away your employment, or anything like that.
What is happening is that employers have the right to ask whether prospective employees have a criminal record. They also have the right not to employ these higher-risk employees if they prefer not to. You would like to take away that right.
In most states, prospective employers cannot do a criminal background check unless you give them permission, but they can refuse to hire you if you refuse permission.
Frankly, employers can fire you for a bunch of reasons. For example, any of the following would be (theoretically, anyway) grounds for dismissal from my company:
- Dating my manager without informing HR
- Having a legally registered gun locked in the trunk of my car in the office parking lot
- Putting an extra $30 expense on my expense report
- And of course, lying about anything whatsoever on my application or other employment papers
To me, none of these are as serious as risking your life and the lives of others by driving drunk. (Not that I would do them either!) I once walked 6 miles home in the middle of the night to avoid driving drunk, and then it took me two buses to get back to my car in the morning.
I think part of your problem is that you quite evidently don’t think what you did was a big deal. I think you would get much more sympathy from people if you didn’t seem to think that DUI was such small potatoes.
Assuming someone has served their punishment, they should be given their liberties back…!!!
Serving time/paying fines/whatever is not some kind of magic wipe-the-slate-clean thing. You have your liberties back. But it doesn’t make what happened not happen. In time (and five years isn’t so long as such things go) people will feel safer about the likelihood of you doing it again, and you will be employable in your original job again.
If you feel you can convince a judge that the DUI was not part of a pattern of behavior, and that you are suffering undue hardship as a result, you can try to get your record expunged. Then it won’t affect you any more.
The fact is that you need a job more than an employer needs you. If you suspect that companies who refuse to hire you because of a DUI less than five years ago are hiring illegal aliens instead, well, it seems unlikely to me. If they’re worried about covering themselves to that extent, they are probably not going to hire illegal aliens, especially in this economy where it is probably not that difficult to hire people who are in this country legally and have no drinking-related traffic offenses. Anyway, in general, illegal aliens are NOT making six-figure salaries, so they have probably NOT taken your old job and the question of illegal immigration in relation to having secret adult criminal records does not arise.
The government isn’t doing anything to you. If you want to get mad at someone, get mad at the employers. They’re making the choices. All the government is doing is allowing them access to public information to enable them to make informed choices.
I’m sorry this sounds harsh. I really do feel bad if one slip has caused you all of this heartache and trouble for your children. One of the reasons that people come down so hard on DUI is because usually a person is a habitual drunk-driver before they get arrested for it. But certainly it is not always the case, and if you’re being treated like a person who was in the habit of drinking and driving when you only did it once and were unlucky, then I really do sympathize. I still disagree that criminal records should be made secret, but I sympathize, and hope you find work (perhaps in some slightly different field, just for a couple of years) that will enable you to support your family.
–Jen