Hi, I've worked for a large bank for 8-1/2 years as a computer programmer. I am contemplating applying for a more advanced position with more pay, but I know they might discover criminal convictions I received 13 months ago, and then fire me.
20 Months ago I was in a car accident and had a severe head injury. I don't remember the accident, but was arrested half mile away from the scene. I don't know how I got there but assume I drove away from the accident. After being released from jail, I went straight to the hospital and had a CT scan and diagnosed with a concussion and neck trauma.
I barely remember the arrest, but I was charged with leaving the scene of an accident (damages $6000 - felony, and no one injured, insurance paid), and as a bonus I was charged with 3rd degree misdemeanor assault on an officer because as they had me on the ground handcuffing me they said I swung my head back at the officers face. They said I smelled of alcohol but I don't drink, and they never charged me with a DUI or DWI. Instead, they said I refused a breath test, (and medical treatment), so I lost my license for a year. My lawyer fought that, but we lost. Now I have the arrest records, the court public record of a felony, but on probation, a misdemeanor 3rd degree assault conviction, and court record that I lost the case against the state of Missouri for appealing the alcohol refusal license suspension. I ended up doing a plea agreement, and plead guilty to the charges, and got probation on the felony with SES, and I had a lot of conditions, which I have already complied with, but I will be on probation another 18 months.
My performance at work has always been reliable, and my boss and his boss are aware of the situation and what happened from my perspective. I have worked the 7 years before the charges and a year since the conviction with no other legal issues or performance problems.
Would I be likely to loose my job if HR ran a criminal check on me for applying for the promotion? I am white, would Title VII protect me at all from being fired for my criminal background? My job does not require driving. In fact, I work from home and rarely see anyone for work. I don't know how HR would view the nature of the charges, and if they would have cause to fire me.
Any advice would be appreciated.