posted 11-08-2004 05:14 PM            

Here is my concern - part of the exam has questions about illegal drug use and committing crimes. If I report back to the employer that he passed the polygraph without telling them he had records expunged and at a later date he mentions his offense or drug history to another employee - they may assume I didn't run a good exam. On this particular case, I know if the guy didn't tell me about this, he would have failed. He had major anxiety prior to revealing this information. FYI - I wrote expunged on the paperwork that I submit to the employer in front of the prospective employee. I told him I would not reveal the details of his expungment.

I submitted my paperwork and let the employer know he had an expunged record (without the details) and stated it was a very long time ago. The employer felt comfortable with my comments and I am sure the individual will be hired.

So my question is did I violate this man's rights? Do you tell the employer he had a record expunged without revealing the details or do you not say a word and hope your reputation is not questioned at a later date?

Your comments will be greatly appreciated.

Donna Taylor
Quest 4 Truth LLC
801-558-8588
quest4truth@msn.com

posted 11-09-2004 05:19 AM            

the fact his record was expunged only means that the offense/charges are non-existent in the eyes of the law. The offense did occur, and he was arrested and there was a criminal prosecution with results. It DID happen!

When applicants give their consent to the examination, they are waiving their privacy to the information discussed (I assume you use some form of waiver). Therefore, what is discussed is open territory, as long as it does not violate the ADA, etc...

I do not believe you violated anything and think you handled it well, considering your statement to the applicant of non-disclosure. I guess you were trying to do him a small favor.

I personally would not have made that statement and would have just reported the information just as you did here. It is up to the employer to consider the info. If the employer wants to know, now they'll have to ask the applicant.

Just my $.02,

posted 11-09-2004 06:49 AM            

I appreciate your response and will handle future expungments in the way you suggested. By the way, your $.02 is very valuable. Thanks again.

posted 11-09-2004 07:53 AM         

Here is another 1.5 cents worth....

Having a record expunged is no different from an "un-reported crime admission". The act is just as much a part of the persons background as is any other un-reported or un-detected crime. It is the very reason we do polygraph examinations.

If he had withheld the information from you, I very seriously doubt he would have passed your polygraph.

posted 11-09-2004 12:18 PM            

Also, many of us have been places where we had no other examiner to talk to about "stuff." It is nice to know, if all else fails, we can come here for input, different opinions and observations we may not get sitting in our office alone reviewing old textbooks.

Keep chatting...

posted 11-11-2004 10:54 AM            

i totaly agree with Ted, it"s and admission!!! and to get admissions its part of our job.

the client wants you to get this admissions even more than the tests result.

the admissions is our a reward for a good work.

posted 03-09-2005 02:57 PM            

I deal with the records expungement somewhat frequently, both with pre-employment issues and with people who have "withheld judgement" criminal convictions in sexual abuse cases.

For what it's worth, I don't care about a record being expunged at all. In fact, my questions to them don't deal with their "record" anyway, as I can find that out via other non-polygraph means.

What I ask them about is whether they have committed the offense. In your case, the guy did commit the offense, it makes no difference what the outcome was.

Furthermore, if he didn't tell me about it during our pre-test, then I found out about it, we wouldn't hire him, period.

Hope this helps,

Detective Chip Morgan
Criminal Investigation Division
Boise Police Department
chipm@cityofboise.org

posted 03-10-2005 06:56 AM         

The waiver takes care of any liability.