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Daycare Center and Family Home Forum>Criminal Background Exemption
MB2009 07:26 PM 01-08-2016
Hello,

I was hired as a lead teacher for a licensed daycare center but had to apply for an exemption before I can work in the classroom. The reason is, I have a misdemeanor [assault on an officer] on my record that happened in April of 2010. The assault was open palms on the officer's chest, there were no weapons used, and I am very remorseful and embarrassed by it.

Since the incident has happened I have worked in 2 different school districts and left them on good terms. In fact I left the last district to accept this position as lead teacher and am guaranteed my job back if I would like it for up to 3 years (just not guaranteed the same hours). I took this job because I have the opportunity to make more money.

This summer I am going to have completed all my courses and receive my BA in Early Childhood Development. Many positive things have happened since this incident.

Anyhow, all of the paperwork for the exemption has been done and the learning director has sent it in to licensing for an exemption approval. As of right now I am considered an employee and have done 2 days of orientation/training just not in a classroom.

My understanding is that I should have no problem getting the exemption but I am worried that the company can withdraw their offer of a position with them, can they do that? A friend of mine is telling me that the corporation may not allow an employee to work with an exemption but the learning director has not said any thing like that. Honestly, I am afraid to ask the learning director. She seems really excited about me starting to work there and has never hinted at needed corporate office to approve an exemption. She has simply said that I would need to get the exemption before I can start working. I really need this job as I have 5 children and my husband is out of work right now (laid off).

Should I have no problem keeping this job if I get the exemption? Does anyone know the law in California?

I'm a nervous wreck.
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Controlled Chaos 12:47 PM 01-09-2016
No advice but good luck! We all make stupid choices sometimes, hope the exemption is enough. Have you looked at getting it expunged? Not sure what that takes or entails... my step mother in law subs for me somtimes and she had misdemeanor she had to get taken care of - it was 10+ years old, it cost her quite a lot of money though...

Let us know how it goes.
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Unregistered 03:10 PM 01-09-2016
Thanks so much! Yes I have thought about asking to have it removed from my record but have no idea how.
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Thriftylady 04:27 PM 01-09-2016
Originally Posted by Unregistered:
Thanks so much! Yes I have thought about asking to have it removed from my record but have no idea how.
You would probably need to start that process with a lawyer.
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LysesKids 07:16 AM 01-11-2016
Originally Posted by Unregistered:
Thanks so much! Yes I have thought about asking to have it removed from my record but have no idea how.
If you live in MD they no longer allow expungement; they stopped it a few years back, however I do know they also "hide" the file after 10 years & it doesn't come up on background checks that are pulled from out of state (long back story w/my son it's how I know)
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Tags:childcare, criminal record, exemption, misdemeanors, teaching
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