Live data from Hacker News

Ask HN: Overcomming a federal conviction (computer fraud) for decent job?

pastebin.ca

1–10 of 182 posts

Re: Ask HN: Overcomming a federal conviction (computer fraud) for decent job?

#2
DISCLAIMER: This is NOT legal advice. I am not a lawyer, and there's a hell of a lot of risk in what I'm going to tell you to do.

When I was a teenager, someone I knew did something nonviolent but pretty bad (severe academic dishonesty) and had a non-empty answer to the "Discipline Question".

You might judge me negatively for keeping such a person as a friend-- and I shouldn't have, but that's another story-- but at the time, I was naive and not a great judge of character. Anyway, he asked for advice on the Discipline Question and I told him to take an "odds and evens" strategy: rank his choices. For the odd-numbered (1st, 3rd, ...) choices, omit it. For the even-numbered ones, full disclosure. The idea was that whether the information would be disclosed (by the Guidance Office) was an unknown but constant variable: they'd either tell all colleges or none.

If his HS Guidance Office disclosed to all, he'd have a slight chance of getting the ones where he did disclose (his evens) and no chance of getting the ones where he omitted (the odds).

If Guidance disclosed to none, he'd have a slight chance of getting the evens and a pretty good chance (they wouldn't know) of getting the odd-numbered choices.

His HS took his mistakes off the record, so they didn't disclose. He did well on his odd-numbered college choices and zeroed the even-numbered ones. If I recall correctly, he got 3 out of 5 odds and 0 out of 5 evens. Not a lot of data, but the conclusion was: don't answer the Discipline Question.

There isn't a constant, hidden variable (guidance office) for your case but it's still unpredictable how easily employers will find out and how your conviction will be perceived. There are hidden variables you can't easily measure.

So I think "odds and evens" is the right strategy. Full, honest disclosure with half. Full omission with half. Collect data. Iterate.

You didn't hear this from me. I don't know the details and I'm not a felon, but I think it is pretty fucked up how any felony leads to long-term economic disenfranchisement, so I sincerely hope this advice helps.

With governments, full disclosure always. It's unambiguously illegal to lie about a felony conviction to get a government job. So tell the truth.

Get a lawyer, too. Find someone who's dealt with this and knows the risks. I don't think my "odds and evens" approach is, to quote Inception, "strictly speaking, legal".

Re: Ask HN: Overcomming a federal conviction (computer fraud) for decent job?

#4
Now, more than ever, you don't need to work for someone else (as an employee). If you have the skills, you can do very well as a freelancer/consultant. The pay can be good, the work can be interesting, and they won't run a background check on you.

Re: Ask HN: Overcomming a federal conviction (computer fraud) for decent job?

#5
Well, you don't have to lie on your resume or on your interview but have you considered just not mentioning it? Unless you're applying for certain types of jobs they're not going to do a background check on you, and you're unlikely to be under any obligation to disclose that you were convicted of computer fraud if you're applying for a computer related job.

Also, think about taking jobs in countries that aren't the U.S.. It might be nice to have a fresh start somewhere else, but I don't know what sort of visa troubles you'd have with your record.

Re: Ask HN: Overcomming a federal conviction (computer fraud) for decent job?

#6
I've been at several startups and never undergone a background check, to my knowledge. I've never been asked any "Have you ever..?" questions. So this is less of an issue than you might think. I get the sense companies only start doing background checks when they grow large enough to become targets for litigation.

Re: Ask HN: Overcomming a federal conviction (computer fraud) for decent job?

#7
If you apply to any company small enough to not have a dedicated HR department, I think there's a very good chance that it literally never comes up. Arrest record certainly isn't part of my standard interview questions. (And, in my biased opinion, working at smaller companies is a lot more fun anyway--especially for someone early in their career)

Re: Ask HN: Overcomming a federal conviction (computer fraud) for decent job?

#8
post #5

Well, you don't have to lie on your resume or on your interview but have you considered just not mentioning it? Unless you're applying for certain types of jobs they're not going to do a background check on you, and you're unlikely to be under any obligation to disclose that you were convicted of computer fraud if you're applying for a computer related job. Also, think about taking jobs in countries that aren't the U…

The US generally won't issue passports to convicted felons. (That's the Google consensus, anyway.)

Re: Ask HN: Overcomming a federal conviction (computer fraud) for decent job?

#9
To the OP, it would seem reasonable to inquire with an attorney about petitioning to have the conviction set aside. I am not a lawyer, but it seems that a restoration of rights via means of an expungement or even a Presidential pardon would be avenues likely open for you.
Post reply on HN