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rutasha
10-28-2007, 11:37 AM
Does having shoplifting listed on your background check as a misdeamoner affect you from getting registered as a family day care provider? Need an answer asap!

Tammy
10-28-2007, 12:35 PM
I believe a misdemeanor would not prevent you from starting your daycare. I believe there would be an issue with a Felony. What state are you in??

rutasha
10-31-2007, 02:11 PM
I reside in the state of Georgia.

Michael
10-31-2007, 09:30 PM
This be a lengthy reply but in our opinion a misdemeanor should not preclude you from attaining a license in Georgia. You record may even be expunged after all this time. Best bet is to go to the police department and pay the fee ($20?) for the background check. When you apply for the license state that it was a misdemeanor. Please read below.

The types of crimes which disqualify license-exempt caregivers from receiving public child care payments vary. They range from felony convictions for crimes against persons to misdemeanors for crimes against property. For example, Oregon disqualifies license-exempt caregivers for crimes that range from arson and drug-related crimes to animal abuse and writing bad checks, while Arizona only disqualifies license-exempt caregivers if they are awaiting trial or have been convicted of felony crimes against persons or drug-related crimes.


290-2-3-.03 Georgia Definitions.

(d) "Crime" means any felony, a violation of O.C.G.A. Sec. 16-5- 23, relating to simple battery, where the victim is a minor; a violation of O.C.G.A. Sec. 16-21-1, relating to contributing to the delinquency of a minor; a violation of O.C.G.A. Sec. 16-6-1 et seq., relating to sexual offenses, excluding the offenses of bigamy or marrying a bigamist; a violation of O.C.G.A. Sec. 16-4-1, relating to criminal attempt when the crime attempted is any of the crimes specified by this paragraph; or any other offenses committed in another jurisdiction which, if committed in this state, would be one of the enumerated crimes listed in this paragraph.

(e) "Criminal record" means:

1. Conviction of a crime; or

2. Arrest, charge, and sentencing for a crime where:

(i) A plea of nolo contendere was entered to the charge; or

(ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; provided, however, that this division shall not apply to a violation of O.C.G.A. 16-13-1 et seq., relating to controlled substances, or any other offense committed in another jurisdiction which, if it were committed in this state, would be a violation of O.C.G.A. Sec. 16-13-1 et seq. if such violation or offense constituted only simple possession; or

(iii) Adjudication or sentence was otherwise withheld or not entered on the charge; provided, however, that this division shall not apply to a violation of O.C.G.A. Sec. 16-13-1 et seq. relating to controlled substances, or any other offense committed in another jurisdiction which, if it were committed in this state, would be a violation of Chapter 13 of Title 16 if such violation or offense constituted only simple possession; or

3. Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to O.C.G.A. Sec. 17-3-1 et seq.

(f) "Department" means the Georgia Department of Human Resources.

(g) "Employee" means any person, other than the registrant, employed by a home to perform any of the home's duties which involve personal contact between that person and any child being cared for at the home and also includes any adult person who resides at the home or who, with or without compensation, performs duties for the home which involve personal contact between that person and any child being cared for by the home.

(h) "Family Day Care Home" and "Home" means a private residence operated by any person who receives therein for pay for supervision and care fewer than 24 hours per day, without transfer of legal custody, three but not more than 6 children under 18 years of age who are not related to such persons and whose parents or guardians are not residents in the same private residence.

(i) "Fingerprint records check determination" means a satisfactory or unsatisfactory determination by the department based on a records check com*****on of Georgia Crime Information Center (GCIC) information with fingerprints and other information in a records check application.

(j) "Parent" means the parent(s) with lawful custody of the child or the legal guardian(s) of a child enrolled in or in the process of being enrolled in a home.

(k) "Plan of correction" means a written plan prepared by the registrant and submitted to and approved by the department which states the procedure(s), method(s) and time frame(s) that will be used by the registrant to correct the area(s) of noncompliance with these rules.

(l) "Preliminary records check application" means an application for a preliminary records check determination on forms provided by the department.

(m) "Preliminary records check determination" means a satisfactory or unsatisfactory determination by the department based only upon a com*****on of Georgia Crime Information Center (GCIC) information with other than fingerprint information regarding the person upon whom the records check is being performed.

(n) "Preschool age" means any child under five years of age who is not enrolled in public kindergarten.

(o) "Provider" means the registrant of the family day care home, and the person that provides care in the home.

(p) "Records check application" means two sets of classifiable fingerprints, a records search fee to be established by the department by rule and regulation, payable in such form as the department may direct to cover the cost of a fingerprint records check, and an affidavit by the applicant disclosing the nature and date of any arrest, charge, or conviction of the applicant for the violation of any law, except for motor vehicle parking violations, whether or not the violation occurred in this state, and such additional information as the department may require.

(q) "Related" means within the second degree of consanguinity or affinity (grandchildren, nieces, nephews, first cousins).

(r) "Satisfactory determination" means a written determination that a person for whom a records check was performed was found to have no criminal record.

(s) "Supervision" and "Supervised" means that the provider is alert, is providing watchful oversight to the children, is able to respond promptly to the needs and actions of children, and can intervene promptly in the case of an emergency.

(t) "Unsatisfactory determination" means a written determination that a person for whom a records check was performed has a criminal record.

Unregistered
11-05-2007, 10:00 AM
What are some reasons for someone being denied a a license in the state of New Jersey?

Michael
11-06-2007, 11:46 AM
10:122-2.4 Denying, suspending, revoking or refusing to renew a license or a Certificate of Life/Safety Approval

GEN (a) The Bureau may deny an application or suspend , revoke or refuse to renew a license or a Certificate of Life/Safety Approval for good cause, including the following, as applicable:

1. Failure or refusal to comply with all applicable provisions of the laws specified in N.J.A.C. 10:122-1.1(a) and of this manual;

2. Violation of the terms and conditions of a license or a Certificate of Life/Safety Approval;

3. Use of fraud or misrepresentation in obtaining a license or a Certificate of Life/Safety Approval or in the subsequent operation of the center;

4. Refusal to furnish the Division with files, reports or records, as required by this manual;

5. Refusal to permit an authorized representative of the Division to gain admission to the center and/or to conduct an inspection or investigation during the center's operating hours;

6. Any activity, policy or staff conduct that adversely affects or presents a serious hazard to the education, health, safety, well-being or development of a child attending a center, or that otherwise demonstrates unfitness by a sponsor or staff member (s) to operate a center;

7. Failure to provide developmental activities that meet the physical, social, emotional and cognitive needs of the children served;

8. Failure by the sponsor to secure and maintain on file conviction disclosures, as specified in N.J.A.C. 10:122-4.1, Child Abuse Record Information (CARI) background checks, as specified in N.J.A.C. 10:122-4.9, or Criminal History Record Information (CHRI) fingerprint background checks, as specified in N.J.A.C. 10:122-4.10;

9. A determination by the Division's Institutional Abuse Investigation Unit that children in the center are at risk of harm;

10. Refusal by the sponsor to consent to a Child Abuse Record Information background check for himself or herself, or to terminate the employment of a staff member who refuses to consent to a Child Abuse Record Information background check;

11. Refusal by the sponsor to terminate the employment of a staff member when a Child Abuse Record Information background check reveals that an incident of child abuse or neglect has been substantiated against the staff member;

12. A Child Abuse Record Information background check that reveals that an incident of child abuse or neglect has been substantiated against the sponsor; or

13. Failure to comply with the provisions of P.L. 1998, c.35, which prohibit smoking in child care centers, as specified in N.J.A.C. 10:122-7.7(d).

Unregistered
11-30-2007, 07:35 AM
I am applying for the director's position at a daycare in Virginia, I recently recieved a underage possession of alcohol ticket, which in Virginia is a class 1 misdemeanor, should this effect my chances of being employed? I am now 21.

momdear
12-26-2007, 09:38 AM
I'm not sure that Rutasha or Unregistered have their answer yet.

No records are sealed or expunged unless the convicted person initiates an expungement proceeding through the court where they were convicted. So both Rutasha's underage-drinking and the Unregistered's shoplifting remain on their record. Even if you get your record expunged, you must still reveal the conviction when you apply for day care positions. If you do not reveal it, then you could be committing a more serious crime. You can run a pre-employement screening background chec (http://backgroundsearch.com/Employee-Screen.html)k on yourself at many companies for modest fee. That would tell you what shows on your record and what types of things are included in the reports. Here is a summary of 3 Laws Governing Federal Background Checks (http://backgroundsearch.com/backgroundcheck/backgroundcheck/federal-background-check.html).

Daycare positions (or any position with authority over disabled or dependent people) generally do not approve applicants with convictions related to theft, substanse abuse, or violence, which may apply to both of you. However, first offense of underage drinking (for which he got a "ticket") is typically considered a "minor misdemeanor" which should not affect job application.

kris
01-24-2008, 05:57 PM
I am needing to know the same for Arkansas.What I am looking for in particular is Hot Checks and if one on your record will stop you from owning a day care.Also about just working in a Preschool or day care?

Michael
01-26-2008, 01:18 PM
Some information for Arkansas Record Checks:

http://www.daycare.com/arkansas/state8.html

#106 Child Care Licensing Agency
Arkansas Department of Human Services
Division of Child Care and Early Childhood Education
Child Care Licensing Unit
P.O. Box 1437, Slot S-150
Little Rock, AR 72203-1437
Phone: (501) 682-8590
Toll Free: (800) 445-3316
Fax: (501) 682-2317

Criminal Record Checks
1. The following persons shall be required to have their background reviewed through Criminal Records check conducted by the Arkansas State Police:

a. Each applicant at application and every 5 years thereafter

b. All household members who are at application; upon residency and

18 years of age or older every 5 years thereafter

c. Employees and applicants for within 10 days of hire and every 5

employment in a registered home years thereafter

d. Volunteers who have supervisory/ within 10 days and every 5 years

disciplinary control over children. thereafter

2. No person shall be eligible to be a child care facility owner, operator, employee, or be present when children are in care, if that person has pleaded guilty, or been found guilty, of any of the following offenses:

1. Capital murder;

2. 1st/2nd degree murder;

3. Manslaughter;

4. 1 st/2nd degree battery;

5. Aggravated assault;

6. 1st degree terroristic threatening;

7. Kidnapping;

8. 1st degree false imprisonment;

9. Permanent detention or restraint;

10 1st/2nd degree rape or carnal abuse;

11. 1 st/2nd degree sexual abuse;

12. 1st/2nd degree violation of a minor;

13. Incest;

14. 1st degree endangering of a minor;

15. Permitting child abuse;

16. Engaging children in sexually explicit conduct for use in a visual or print medium, transportation of minors for prohibited sexual conduct, use of a child or consent to use a child in sexual performance, by producing, directing or promoting sexual performance by a child;

17. Criminal attempt, criminal solicitation or criminal conspiracy to commit any of the above named offenses.

18. Distribution to minors [of any controlled substance]

19. Manufacture, delivery, or possession with intent to deliver, or manufacture any controlled substance

20. Carnal abuse in the third degree

21. Sexual solicitation of a child

22. Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child

23. Negligent homicide

24. Assault in the first degree

25. Coercion

26. Sexual misconduct

27. Public sexual indecency

28. Indecent exposure

29. Endangering the welfare of a minor in the second degree

30. Any felony or misdemeanor involving violence or sexual misconduct

3. Any person who has pled guilty, nolo contendere, or who has been found guilty of any one of the offenses listed above may apply to the Division to demonstrate rehabilitation, if more than five (5) years have passed since the person was convicted and they have completed their sentence (confinement, parole, or probation). The Division is authorized to determine whether rehabilitation is sufficient for the person to be a child care owner, operator, or employee.

Unregistered
11-16-2011, 01:53 PM
What about the state of Kentucky.? Will stalking charges, mis. Offense not a felony.. Keep you from getting a job at a daycare ?

Michael
11-16-2011, 02:40 PM
What about the state of Kentucky.? Will stalking charges, mis. Offense not a felony.. Keep you from getting a job at a daycare ?
http://daycare.com/kentucky/requirements.html

Section 5. License Issuance. (1) A license shall not be issued unless each background check required by KRS 199.896(19) has been completed on behalf of an applicant for licensure.
(2) A director, employee, volunteer, or any person with supervisory or disciplinary control over or having direct contact with a child shall submit to a background check; and
(a) May be employed or work with a child on a probationary basis for up to ninety (90) calendar days, pending completion of a:
1. Child abuse or neglect check described in 922 KAR 1:470; and
2. Criminal records check required by KRS 199.896(19); and
(b) Shall not be left alone in the presence of a child if each required background check has not been completed.
(3) Upon completion of a child abuse or neglect check or criminal records check, described in subsection (2)(a) of this section, a licensee shall discharge immediately a director, employee, volunteer, or any person:
(a) Whose name is listed on the central registry established by 922 KAR 1:470; or
(b) Who has been convicted of a crime defined by KRS 17.165(1) through (3).

(4) An applicant who has been convicted of a nonviolent felony or misdemeanor shall be handled on a case-by-case basis with consideration given to the:
(a) Nature of the offense;
(b) Length of time that has elapsed since the event; and
(c) Applicant’s life experiences after conviction.

Unregistered
12-28-2011, 08:53 PM
Would a felony drug conviction that's over 10 years old stop me from starting up my own day care in the state of Texas? If so would an expunge be an option that should be considered? What would disqualify me from opening up my own daycare?

Unregistered
04-06-2012, 12:52 PM
I'm currently on trial . I just want some answers. i was attacked, and i filed charges on the girl. She then turned around and filed charges on me. i want a future a don't want this on my record. if i want to work in a daycare can i still be allowed to w/these misdemeanor charges on me ?

Unregistered
07-30-2012, 08:15 AM
I'm wondering if a home daycare in North Dakota can be remain licensed if one of the adults in the household has felony drug convictions.

RBettis
08-20-2012, 02:09 PM
Hi, I always wanted to have a business. Daycare has always caught my attention. My best friend has one for the last 15 years and she has a beautiful, meaningful, daycare. I admire her for so much she does in her business and for what she does with these children. She pours her soul and work to it.

I decided to finally do it, my husband bought a location. But every time I get excited I remember March 10, 2010 @ 3 pm. I had an incident with the law. I stole $6.95 chocolate from JCpenney. Yes, the WORST decision I've ever made in my life... and I can't even begin to tell you what happened next (Long Story).

Ok, to the point, My question is: Having a "ticket" in shoplifting would prevent me from getting my License as a Day Care Center provider? I don't have a misdemeanor or a felony (just a ticket). Please let me know. :(

Michael
08-20-2012, 02:14 PM
Hi, I always wanted to have a business. Daycare has always caught my attention. My best friend has one for the last 15 years and she has a beautiful, meaningful, daycare. I admire her for so much she does in her business and for what she does with these children. She pours her soul and work to it.

I decided to finally do it, my husband bought a location. But every time I get excited I remember March 10, 2010 @ 3 pm. I had an incident with the law. I stole $6.95 chocolate from JCpenney. Yes, the WORST decision I've ever made in my life... and I can't even begin to tell you what happened next (Long Story).

Ok, to the point, My question is: Having a "ticket" in shoplifting would prevent me from getting my License as a Day Care Center provider? I don't have a misdemeanor or a felony (just a ticket). Please let me know. :(

Welcome to the Daycare.com Forum Amanda! I've upgraded your status. You can post freely now.

MV
08-20-2012, 02:21 PM
Hi, I always wanted to have a business. Daycare has always caught my attention. My best friend has one for the last 15 years and she has a beautiful, meaningful, daycare. I admire her for so much she does in her business and for what she does with these children. She pours her soul and work to it.

I decided to finally do it, my husband bought a location. But every time I get excited I remember March 10, 2010 @ 3 pm. I had an incident with the law. I stole $6.95 chocolate from JCpenney. Yes, the WORST decision I've ever made in my life... and I can't even begin to tell you what happened next (Long Story).

Ok, to the point, My question is: Having a "ticket" in shoplifting would prevent me from getting my License as a Day Care Center provider? I don't have a misdemeanor or a felony (just a ticket). Please let me know. :(

I doubt that it will stop you (I am in CA also) and I know child care providers who have chidren with minor drug convictions that can still have their kids living in the home (but not present during DC hours). I believe that the application request information about convictions, and I don't think that a ticket qualifies as a convicition. Call licensing to ask..

Unregistered
08-31-2012, 02:14 PM
i live in texas and i have a misdemeanor of family violence. i love kids and want to work in a daycare, but is there any way i could still work at one???? it happened last year in march. my case Got Dismissed. ialso had to take sum classes at a stress clinic bcuz igot out on bond. idont have money to get it off my record =(

Hopeless
08-31-2012, 09:40 PM
I was just falsely convicted today of shoplifting a $180.00 camera (misdemeanor). I chose to pay thousands of dollars in attorney fees to take it to court thinking that I had a good case, since I didn't do it. Long story short despite the fact that I never had the camera, & video evidence shows I never had the camera, I was convicted based on an empty box found in the bathroom trash after I took my 5 year old daughter into the restroom (at the same time as another mom & daughter & two other ladies).

Before my daughter was born, I used to teach preschool. I love kids! Really my life's passion!!! With our third on the way I was hoping to do some daycare or possibly early childhood education. I feel like such a burden on my family for wasting thousands of dollars to fight this case & I lost. (I chose not to take the plea, because I felt like it was important for me to stand up for myself and because I honestly didn't take the camera)

I'm worried I wont be able to do what I love or help provide for our kids. Is it correct that there is absolutely NOTHING I can do now? It will always be on my record?
And do I have any chance of ever working with kids again?

Blackcat31
09-01-2012, 06:18 AM
I was just falsely convicted today of shoplifting a $180.00 camera (misdemeanor). I chose to pay thousands of dollars in attorney fees to take it to court thinking that I had a good case, since I didn't do it. Long story short despite the fact that I never had the camera, & video evidence shows I never had the camera, I was convicted based on an empty box found in the bathroom trash after I took my 5 year old daughter into the restroom (at the same time as another mom & daughter & two other ladies).

Before my daughter was born, I used to teach preschool. I love kids! Really my life's passion!!! With our third on the way I was hoping to do some daycare or possibly early childhood education. I feel like such a burden on my family for wasting thousands of dollars to fight this case & I lost. (I chose not to take the plea, because I felt like it was important for me to stand up for myself and because I honestly didn't take the camera)

I'm worried I wont be able to do what I love or help provide for our kids. Is it correct that there is absolutely NOTHING I can do now? It will always be on my record?
And do I have any chance of ever working with kids again?

I am sorry that you are in such a tough position.

I think the answer to your question is dependent on what state you live in.

I know in my state, misdemeaner charges NOT relating to any type of drug charge or any type of violent crimes or related to children isn't something that would bar you from working with children or running an in home childcare. There may be conditions attached to the license but working with kids would still be a possibility.

If I were you I would check with your state's licensing department and see what things would bar you from working in a center or home child care. You can find information to you particular state's regulations and contact info here: http://www.daycare.com/states.html

You could also reply in a post what your state is and perhaps one of our board members who is familiar with your state rules and regs will have an answer for you. :)

Unregistered
09-02-2012, 01:07 PM
Thank you! I live in Colorado

jess_care1
09-16-2012, 06:49 PM
I'm wanting to open a daycare in my home but not sure if I can cause my husband has felonies from his past please help is it possible for me to start a daycare in my own home

Blackcat31
09-17-2012, 07:21 AM
I'm wanting to open a daycare in my home but not sure if I can cause my husband has felonies from his past please help is it possible for me to start a daycare in my own home

Depends on what state you are in and what his felonies are for.

I would simply call your state licensing department and ask.

Unregistered
09-21-2012, 09:33 AM
This is my only charge and I pled guilty.My lawyer told me to.He was like get your records fixed later and gave me some of my money back.Now this crap on my recoed.I was in school for this when it happened.Point is can I get my License still in Maryland?

Unregistered
10-10-2012, 09:23 PM
I want to start a home daycare and i wanted to know if my husbands past will affect me. He was charged with conspiracy to commit robbery/burglary 11 years ago. We live in California

amber randle
11-07-2012, 06:18 AM
I got hired at a day care and i'm so worried that they won't accept me because I have a hindering apprehension on my record which is sort of like harboring a fugitive but that's not what it's called in the state of Texas, they dropped it down to a misdemeanor because it was my first charge. Will the daycare still accept me. Please someone help me!

MV
11-07-2012, 09:39 AM
I got hired at a day care and i'm so worried that they won't accept me because I have a hindering apprehension on my record which is sort of like harboring a fugitive but that's not what it's called in the state of Texas, they dropped it down to a misdemeanor because it was my first charge. Will the daycare still accept me. Please someone help me!

What was on the application that you filled out? Most applications only refer to Felony's but it also depends on the questions on your application. If it has asked you to include all criminal charges including misdemeanors and you did not list it onto your application and they do a background check and your charge pops up then more than likely they will reject you if only because you chose to keep that info out. If they only ask for felonies then you were not required to list this charge. If they pull your criminal record and see this charge then it's up to their discretion to choose to keep you or not. This can depend on a lot of things ... how long ago you were charged is one of them. If you are worried about it after being hired and they are now going to do the criminal background check you probably should have just brought it up during the interview process so that you can give your side of the charge.

Unregistered
11-12-2012, 09:13 AM
I want to open a daycare in my home, but my husband has a felony on his record from 17 yrs ago. Is it still a possibility?

Unregistered
11-12-2012, 10:17 AM
My daycare provider is having her boyfriend move in with her. We live in iowa but he is a felon who went to prison for several owi's. Can she really keep her license and have a felon in the same house?

MV
11-12-2012, 11:26 AM
My daycare provider is having her boyfriend move in with her. We live in iowa but he is a felon who went to prison for several owi's. Can she really keep her license and have a felon in the same house?

More than likely yes because a OWI (operating while intoxicated) although a felony it does not in any way pose a danger or threat to the children in care. If he were to have child abuse, child endangerment or other such charges then your daycare provider could be denied to have him move in. In some situations she could still allow him to live in the home but not present while the daycare children are present such as for drug charges.

If her boyfriend were to have had children in the vehicle and he were charged for that as well then perhaps your childcare provider would not be able to have him live in the home or at least not around the children.

If you have questions about this you can contact your local licensing office and see if he is able to live there. In most cases you must have all adults living in the home go through a background check and be approved through licensing to be able to live in the home in order to keep your license. Some areas only require provider's to be registered and follow different regulations. Contacting your licensing office can answer all of your questions. If you still don't feel comfortable having your child in a home with someone that has had a OWI then you can always opt to choose another childcare provider.

keith mcgaugh
12-26-2012, 09:14 AM
Would you happen to know anything that would cause anyone to be denied a daycare license like a felony if misdemeanor in Kansas.

MamaG
12-26-2012, 01:23 PM
In Illinois you can't have a felony or crimes like assault, rape, child molestation ect it's pretty lax here with that. Who do you call to get your record expunged? I have a property distraction from back in 1998. I broke my anger management councilors desk lamp.

MV
12-26-2012, 06:26 PM
In Illinois you can't have a felony or crimes like assault, rape, child molestation ect it's pretty lax here with that. Who do you call to get your record expunged? I have a property distraction from back in 1998. I broke my anger management councilors desk lamp.

It is possible to get your record expunged but to do that you need to contact an attorney. Your attorney will know what to do and who to contact. I know someone that had a DUI from 10 years previous be expunged and all they needed to to was have a clean record since then. That person also participated in AA meetings and his AA support person and counselor wrote him character letters but he had an attorney to do all the heavy legal work.

Personally I wouldn't try to do it on your own. If you try yourself and don't properly show your case and get denied it might make it much harder for you to then get an attorney try to do it for you if only because now you'll have one denial in your file. It works different in different states though.

MamaG
12-26-2012, 10:49 PM
It is possible to get your record expunged but to do that you need to contact an attorney. Your attorney will know what to do and who to contact. I know someone that had a DUI from 10 years previous be expunged and all they needed to to was have a clean record since then. That person also participated in AA meetings and his AA support person and counselor wrote him character letters but he had an attorney to do all the heavy legal work.

Personally I wouldn't try to do it on your own. If you try yourself and don't properly show your case and get denied it might make it much harder for you to then get an attorney try to do it for you if only because now you'll have one denial in your file. It works different in different states though.

Thanks I may look into that tomorrow. I actually was denied a cleaning job because of that 1 thing on my record yet I can watch kids for a living. Doesn't really make sence. I want a part time job outside of home, preferably cleaning offices or something. No people to deal with :)

Unregistered
01-14-2013, 04:25 PM
I had a domestic violence charge over a year ago that was dropped to a persisten disorderly conduct. I have to go through an BCII/FBI background check. Is this going to disqualift me from getting the job at the daycare?

shelb
01-16-2013, 08:02 AM
In Iowa can you work in a daycare center with a misdemeanor with a position of a controlled substance? It's been 3 years since then. I just need to know if you can work in one with something like that on your record. It doesn't have anything to do with children or anything.

Thanks

Unregistered
04-13-2013, 07:15 PM
I have the same question but I live in Pa and work as a teacher/cook would this prevent me from maintaining my job there?

Unregistered
04-28-2013, 10:05 AM
I have a felony in mn I was wondering if I would be able to work as a aide? does any one know

matt
06-02-2013, 07:06 PM
I had a misdeameanor simple poss. Charge in the past. Would this disqualify me from licensing a daycare in Tn?

RBettis
11-01-2013, 10:29 AM
HI, I am ready to get clearance to get a Child Development Permit License. However, I am scared to dead. In 2010 I got charged with shoplifting for some chocolates. I know, the worse decision I have ever made in my life ~ literally :(. I hunts me everyday and I regret every bit of it.

When we got the forms, the lady mentioned that if we had something in our background such as shoplifting, DUI and we had a child with us, the license would be denied (she said: "child endangerment"). She gave us an example of someone that had a DUI and had a child in the back of the car. She did not give an example of shoplifting and I didn't want to ask because I thought everyone sitting in that room would know I was talking about me... and you know, I feel so ashamed that I don't want to tell more people other than the one I absolutely need to tell.

Anyway, I was indeed with my child. She was 3 months old at that time (May, 10, 2010 @ 3 pm). After going to court, I got charged with an "infraction". It was a conviction because they said I was guilty (which I was indeed). They didn't give me a misdemeanor, like I said, an infraction and I paid a fine... other than lawyers fees (which the $6.95 amounted to thousands of dollars, let along with immediate family horrible judgements that still are with me... :( and the fact that it has been hard to forgive myself).

I live in California.

My question is, do you know of a similar case that this person was granted the license or was denied? I would like to open a pre-school center... but I will start with a home care for a bout a year if everything would work well.

P.S. I must add, I did this when I was older (not a child), which makes it even sadder.

Please let me know, something you must know.
best and thank you!!

BrooklynM
11-01-2013, 02:18 PM
HI, I am ready to get clearance to get a Child Development Permit License. However, I am scared to dead. In 2010 I got charged with shoplifting for some chocolates. I know, the worse decision I have ever made in my life ~ literally :(. I hunts me everyday and I regret every bit of it.

When we got the forms, the lady mentioned that if we had something in our background such as shoplifting, DUI and we had a child with us, the license would be denied (she said: "child endangerment"). She gave us an example of someone that had a DUI and had a child in the back of the car. She did not give an example of shoplifting and I didn't want to ask because I thought everyone sitting in that room would know I was talking about me... and you know, I feel so ashamed that I don't want to tell more people other than the one I absolutely need to tell.

Anyway, I was indeed with my child. She was 3 months old at that time (May, 10, 2010 @ 3 pm). After going to court, I got charged with an "infraction". It was a conviction because they said I was guilty (which I was indeed). They didn't give me a misdemeanor, like I said, an infraction and I paid a fine... other than lawyers fees (which the $6.95 amounted to thousands of dollars, let along with immediate family horrible judgements that still are with me... :( and the fact that it has been hard to forgive myself).

I live in California.

My question is, do you know of a similar case that this person was granted the license or was denied? I would like to open a pre-school center... but I will start with a home care for a bout a year if everything would work well.

P.S. I must add, I did this when I was older (not a child), which makes it even sadder.

Please let me know, something you must know.
best and thank you!!

The only way to really know is to submit your application and go through the process. You MUST be honest about it. If you are not, it can be an automatic denial. I actually know someone that didn't disclose something and they got denied based on withholding the information, so just be honest and hope for the best! The fact that you had the child with you may be enough to deny you to be honest, but you will never know if you don't try!

Cradle2crayons
11-01-2013, 02:27 PM
HI, I am ready to get clearance to get a Child Development Permit License. However, I am scared to dead. In 2010 I got charged with shoplifting for some chocolates. I know, the worse decision I have ever made in my life ~ literally :(. I hunts me everyday and I regret every bit of it.

When we got the forms, the lady mentioned that if we had something in our background such as shoplifting, DUI and we had a child with us, the license would be denied (she said: "child endangerment"). She gave us an example of someone that had a DUI and had a child in the back of the car. She did not give an example of shoplifting and I didn't want to ask because I thought everyone sitting in that room would know I was talking about me... and you know, I feel so ashamed that I don't want to tell more people other than the one I absolutely need to tell.

Anyway, I was indeed with my child. She was 3 months old at that time (May, 10, 2010 @ 3 pm). After going to court, I got charged with an "infraction". It was a conviction because they said I was guilty (which I was indeed). They didn't give me a misdemeanor, like I said, an infraction and I paid a fine... other than lawyers fees (which the $6.95 amounted to thousands of dollars, let along with immediate family horrible judgements that still are with me... :( and the fact that it has been hard to forgive myself).

I live in California.

My question is, do you know of a similar case that this person was granted the license or was denied? I would like to open a pre-school center... but I will start with a home care for a bout a year if everything would work well.

P.S. I must add, I did this when I was older (not a child), which makes it even sadder.

Please let me know, something you must know.
best and thank you!!

I would list the infraction whatever it was deemed by name as from the court. Did the infraction list that your child was with you?

I'm thinking she meant DUI with a child and not shoplifting withy a child. DUI with a child IS child endangerment. Shoplifting with a child doesn't ENDANGER a child.

Regardless, I'll keep you in my thoughts. I can tell this is difficult for you.

RBettis
11-01-2013, 04:07 PM
Thanks both for replying.

Yes, I read the pdf file that my lawyer had sent me (I have all that information saved). The document says I was with infant daughter "name, lastname". I tell you, reading that document again was about to brake me down in more pieces. I kind of feel I am getting sick of my stomach.

But you are right, my mom always says there is not worst diligence than the one that we don't do, so I will try. I will be honest for sure.

One of the forms asked if I have ever been convicted of something... so I checked the box that says "yes". It says misdemeanors/felonies. However, there is not a space to explain or write something about the nature of the conviction. I am meeting with my instructor next week. She is handling the forms. Again, another person that will know what I did. I wonder if I will ever be able to recover from this. I feel really down right now. We'll see what happens.

melissadeja
12-06-2013, 01:25 AM
I live in Ohio..
I have a 7 year old misdemeanor theft charge. I have tried to find out
If this can keep me from being employed at a daycare center?
I was offered a supervisor position but someone told me that the charge
Will keep me from being employed.
Can someone please help...

RBettis
12-08-2013, 11:52 AM
Hello Melissa, the best thing is to apply. You don't know. With my problem (see above), I applied anyway to get the assistance license. When I went to school to submit the forms, I was in a nervous rack. I spoke to the head of the Child Development Department that was receiving the forms. When she saw that I had the "box" checked, she asked me. I explained to her exactly what happened that day 4 years ago. She was so thoughtful (I can't explain it to you … for the first time I didn't feel judged). She said it won't prevent me from getting my license. She even said to continue taking the classes that I needed to finish my goals... I honestly believe she would have advised me to stop continuing in the program if she thought I wouldn't be able to get my license. I know, because in the meeting she was clear and said to all of us that we needed to be honest, that it would be sad to finish the program and not being able to get the license or a job. Now, I haven't received the license yet. She said it would take about 3 to 4 months. I asked her if I would be able to get my Day Care Center license and she said “yes”. However, I must say I won’t believe it until I have that license on my hands.

I know your question is about getting a job. Again, try. The worst thing would be not to. I wish I could have had a more concrete answer for you. But I have heard that California is tougher than Ohio. Honestly, sometimes it depends if someone wants to give you a chance.

I will come back and post again when I have some news. Maybe someone wants to know what would happen in a case like this.

Also, just adding to my previous post, when I got the copies of my case at the court, it never mentioned I had my 3 months old daughter with me. Anyway, my teacher said if it would have said that, it would have not made any difference because in my case, I was not putting the life on my child in danger as if it would have been with a DUI. Now, I perfectly understand that it is a moral issue. So it is not good either.

Doesn't it pays to always be good? happyface. It would have avoided to go through something so emotional draining like this :( ... in all aspects.

P.S. did you know you can expunged it? My professor advised me to do it, that she had spoken to the license agency and they have told her so. That way I don't have to disclosure it. I already started the paper work. You can do it yourself. (Tell us what happens Melissa.)

Unregistered
03-05-2014, 07:02 PM
I was convicted twice of shoplifting in a two year period.I was in a "bad" period of my life and made some stupid decisions that will now follow me the rest of my life. I accept responsibility for what I did but I am truly a different person with a different attitude on life. I have a nurturing nature and had dreams of pursuing a career in Early Childhood Development. I had each conviction expunged and have been trouble free for your years. I recently applied for a criminal exemption to work in a daycare and I was denied. They said I had to wait five consecutive years, I had more than one conviction and had no proof of rehab. I am at a loss. I have requested an appeal but am not feeling very Hopeful.

bloominggenius
03-05-2014, 07:19 PM
What state are you in? I would have an attorney help you appeal. In Iowa it would not be an issue, because it is not a violent crime, a crime involving drugs and alcohol or a crime against a child.
Shoplifting in your past has nothing to do with your ability to care for children. I would read your state's code carefully and ask for help from a lawyer.

RBettis
03-05-2014, 08:13 PM
Good question, what state are you in?

This is what I found for CA:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=211-215

http://www.ccld.ca.gov/res/pdf/non_exempt.pdf

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=211-215


I was granted the Child Development Assistant permit:

<<<School - Age Emphasis Authorization The School Age Emphasis
Authorization may be added to any level Child Development Permit and authorizes the holder to provide all services authorized by the holder’s Child Development Permit and to provide services in the care, development, and instruction of children in before - school, after - school, and other school -
age child care programs (http://www.ctc.ca.gov/credentials/creds/child-dev-permits.html)>>>>

I don't know if this is an exemption? I am doing a "practicum" class and working in preschool for that class. The preschool never asked me for finger prints, or anything (but the director of the preschool was my professor in a "Curriculum" class I took. This professor is signed at the college for mentoring ~ she is mentoring me now for "Practicum"). I would like to continue in this preschool as a volunteer tho after I am completed with my class, but I don't know if there is when the director will ask for finger prints (which I hope no, I don't want to go through explaining myself ~ horrifying).

In order for me to get this permit, my application was submitted to the child link in CA through the school and the head of child depto knew about my problem, so I guess that is an exemption since this is a granted permit??... NOT SURE. Sorry for all this info, just trying to help.

My problem was March 2010 and it hasn't been 5 years.
(a little bit more about my problem is explained on previous post above)
I am going through the process and applying for a Day Care provider. I don't know how that is going to work. Just went through the orientation.

Starburst
03-06-2014, 12:09 AM
I was convicted twice of shoplifting in a two year period.I was in a "bad" period of my life and made some stupid decisions that will now follow me the rest of my life. I accept responsibility for what I did but I am truly a different person with a different attitude on life. I have a nurturing nature and had dreams of pursuing a career in Early Childhood Development. I had each conviction expunged and have been trouble free for your years. I recently applied for a criminal exemption to work in a daycare and I was denied. They said I had to wait five consecutive years, I had more than one conviction and had no proof of rehab. I am at a loss. I have requested an appeal but am not feeling very Hopeful.

Have you considered seeing a counselor? Maybe if they had some proof that you are trying to better yourself it can speed up the process. You mentioned that you had more than one conviction, was it only in shoplifting or was there confrontations involved?

Though I have heard of a case where someone who wanted to be a nurse (they also need to pass background checks) ran a red light and would have only gotten a small ticket but I guess she was having a bad day because she thought it would be a good idea to tell the cop off and mouthed off to him. When she went to apply for a nursing program she had a mark on her record for verbal assault from that incident. If she wouldn't have said anything to him she would have just gotten a ticket and just had to pay it and nothing would happen; but since the incident involved threatening another person it is sticking with her forever and now she can't be a nurse or any profession that involves other people.

Also sometimes you may think that things are deleted or expunged from your record but still show up and effect your future. One of my ECE teachers said that once she had a student who when she was still in high school (just after she turned 18) she was intimate with her boyfriend who was still only 17 at the time and when his parents found out they reported her. She thought that she got it erased from her record because she didn't have to register as a sex offender but I guess something like that never gets completely off record, so now she cannot be a nurse or a teacher or type of professional career that involves working directly with people (especially children).

Unregistered
06-20-2014, 01:39 PM
Im trying to start a daycare in Georgia and I have a misdemeanor theft and misuse of credit card from 6 years ago in Ohio that I was falsely charged with. Will these charges PREVENT me from getting my license for childcare?

Blackcat31
06-20-2014, 01:43 PM
Im trying to start a daycare in Georgia and I have a misdemeanor theft and misuse of credit card from 6 years ago in Ohio that I was falsely charged with. Will these charges PREVENT me from getting my license for childcare?

Here is the info for child care in Georgia.

http://www.daycare.com/georgia/

Usually right in the beginning of the paperwork it will list the care giver qualifications/requirements.

In *most* cases, misdemeanor cries aren't enough to bar you from doing child care but I am unfamiliar with the laws in your state so it's safest to check with them.

Unregistered
06-28-2014, 08:07 AM
Hi there! I am applying for Family Child Care Home in San Francisco. My husband has a DUI and possession of Marijuana (<1.0oz) as offense, 2 years ago. He got a dry record driving, it is considered misdemeanor in his record. Is that can affect me?
I have been remodeling the house. Remodeling the garage to a room...among other constructions. Investing a lot. So, I am concerning if I should stop arranging my home seeing his background.
I appreciate your attention.

Unregistered
07-01-2014, 09:20 PM
Long story...before we met, my husband was accused of sexual contact with a 17 1/2 year old. As he had an infant at the time, he was worried he would lose the trial and be forced to register as a sex offender. Anyway, he ended up with two misdemeanors; one of them doesn't appear on the non-exemptible list at all, so I'm not worried about it. The other does, but not exactly as his code reads. His is 288a(b). Again, he has just the two misdemeanors, he did not serve jail time and is not a registrant. He was on unsupervised probation.

I'm getting my application packet together for a family daycare license now and would like some insight as to whether this charge will preclude me from doing so. I can't find information on this specific code in regards to the possible exemption.

Thank you!

Unregistered
07-01-2014, 09:35 PM
Forgot to say I am in California.

Blackcat31
07-02-2014, 06:58 AM
Long story...before we met, my husband was accused of sexual contact with a 17 1/2 year old. As he had an infant at the time, he was worried he would lose the trial and be forced to register as a sex offender. Anyway, he ended up with two misdemeanors; one of them doesn't appear on the non-exemptible list at all, so I'm not worried about it. The other does, but not exactly as his code reads. His is 288a(b). Again, he has just the two misdemeanors, he did not serve jail time and is not a registrant. He was on unsupervised probation.

I'm getting my application packet together for a family daycare license now and would like some insight as to whether this charge will preclude me from doing so. I can't find information on this specific code in regards to the possible exemption.

Thank you!

Forgot to say I am in California.

I am not sure of what part of 288a(b) is is charged with but from reading about it, I am thinking you will need to contact your licensing agency and ask them directly.

I think ANY sexual crime involving a minor should bar you (general you) from being present in or working in a child care or environment with young children.

Like I said, I would contact your area licensing agency and find out for sure. It would be sad to do all the paperwork and set up only to find out that you can't legally operate..kwim?

If you need help finding contact info for your area, just post and someone from the board can probably help as we have several members from California on the forum. :)

MV
07-03-2014, 02:12 PM
Long story...before we met, my husband was accused of sexual contact with a 17 1/2 year old. As he had an infant at the time, he was worried he would lose the trial and be forced to register as a sex offender. Anyway, he ended up with two misdemeanors; one of them doesn't appear on the non-exemptible list at all, so I'm not worried about it. The other does, but not exactly as his code reads. His is 288a(b). Again, he has just the two misdemeanors, he did not serve jail time and is not a registrant. He was on unsupervised probation.

I'm getting my application packet together for a family daycare license now and would like some insight as to whether this charge will preclude me from doing so. I can't find information on this specific code in regards to the possible exemption.

Thank you!

It's a case by case basis.

They may treat it like they do a drug charge and require you to get an exemption. This will allow you to do run an FCC out of your home however your husband will be required to stay out of the home during daycare hours. I know 2 providers that have these for adult children they have living in their home.

Or

They may treat it like they do any child related sexual crime and not allow it at all. I know of one provider who's 18yo was living in her home and the 18yo had charges pressed on her by a boy's parents for being sexual with a their 16 yo son (he was turning 17, she had just turned 18, they'd only dated 4 months, it was consensual, Judge didn't care). She was convicted with a felony, spent a few months in jail, was on probation for 2 years, not a registered sex offender. This provider had to report this to licensing (requirement of license) and licensing told her that her DD had to move out or they would revoke her license.

Or

They may not ding you on it (depending on the type of crime, ages of both parties, how long ago it was etc). Realistically however when it comes to child related crimes it is extremely rare for licensing to approve an application without an exemption.

IDK if it's because the daughter was charged with a felony of a child related case or what, I'm just trying to give you an idea of one way it could go. I think your best bet is to call licensing and ask straight out. They will ask for details and it's best to just be honest if you do call or you can just send in the application and get DH background checked and take a chance.

Oh and BTW if they give you an exemption you will forever need to have each client read and sign a form that explains your DH's charge. You're required to keep these forms in each child's file, your analyst will check the files (but only if they require an exemption).

Also I wanted to add that the background check you go through for licensing is different from looking up the criminal background of someone. My DH works for the DA's office and went through a background check for employment, licensing still required that he be Live Scan fingerprinted. The Live Scan also checks the Child Abuse Central Index (sexual crimes are listed). You have to report all crimes, even misdemeanors, and they will check. All crimes come up on their database including ones where a pardon was given, sealed files or expunged crimes.

Unregistered
07-03-2014, 09:10 PM
Thank you so much for all of the information. Thanks for the info on the expungement issue as well. Hubby will be able to expunge in less than one year. I do know from working 911 dispatch in the past, that LiveScan still scans these. I pretty much have all of my application finished, so I'm thinking I will just take the chance and see what happens. I'm hoping if it's denied, they will tell me if there will ever be a possibility for me to operate a family daycare. My hubby won't be home at all during daycare hours, but I hadn't read anything about that possibly being part of the terms...that's interesting as well.

Thank you both for your time in responding!

Unregistered
07-16-2014, 07:59 PM
How would a gross misdemeanor for Overwork/Mistreat Animals-Cruelty affect a job in direct care for disabled people?

Wednesday
07-16-2014, 09:04 PM
I'm guessing that will not go over well AT ALL.