Advice for passing a FAANG background check with a criminal history

Absolutely would not bring it up.

California has "ban the box" and as a practical matter:

1. most "boxes" on employment application ask about Felonies not misdemeanors.

2. I'm not an expert but the few times i've looked into it "criminal background check" is nowhere near as comprehensive as people think. it involves going to each county where you think the person resided and looking up records there. so according to you even if they thought to look in the county where your record is, they wouldn't find anything.

https://www.shouselaw.com/california-ban-the-box-laws

California law still prohibits employers from asking about, or considering, criminal convictions that have been expunged. AB 1008 takes the law a step further. It bars employers from considering any criminal conviction, expunged or not, prior to making a conditional job offer. The law applies to both felony charges and misdemeanor charges in California.

For background checks in general... If you have a job, tell an employer that you are willing to start 2 weeks after the background check has been finalized. It'd be an expensive mistake accept an offer for Job B، quit Job A, and fail Job B's background check for reasons. Quit Job A AFTER passing the background check. If they pressure you to move faster, tell them to (using nicer words) get their act together and move as fast as they need to get what they want.

If I were a FAANG executive I would be more worried about hiring you not because you have a record but because you would be at high risk of using your job for personal activism.

I can't speak as to whether you should bring it up (I personally wouldn't), but- working in an industry that's adjacent to background checks, I find it very unlikely that this will come up. The US federal-state-county system is a disorganized mess on multiple levels, and they don't all report consistently. Also, many background check companies are pure BS- CYA so that the employer can say 'well we checked'. (For example, Uber/Lyft). A good rule of thumb is the longer the check takes, the more legit it is- companies that do 48 hour background checks are just scammers. There's a reason a security clearance investigation takes a long time.

FWIW, a friend I went to high school with did 19 months in federal prison for drug trafficking, and is technically a convicted felon. He has passed multiple background checks that show he has an absolutely clean record- two white collar employers and one for the expensive apartment building he lives in, all in Manhattan. (He's now a Senior VP of a company). I have no idea how this works, but he swears it's true. For one employer he confessed everything he did, they did a background check anyways and told him 'you don't come up in the system' (and hired him anyways).

Honestly, coming up in Google results is tougher to beat

So the plea in abeyance will show up. I was fed the same line of shit by courts. My misdemeanor, from 2016 was a plea in abeyance. I was told no crimes for a year and it's like it didn't happen. Easy, done. And guess what? Mine was also in Utah. Hello South Salt Lake City.

Fast forward to a few months ago, it came up on the background check. You have to understand the charge shows up and its possible that the plea shows up. Mine did.

The big difference is mine came up for a Public Trust background check with the federal government. So maybe they can go a bit deeper than a FAANG? I am sitting in limbo 5 months into this job still not knowing if I'll be canned at any second. I had to do a full interview with an agent with the Defense Counterintelligence and Security Agency (DCSA). They even brought up stuff that was from beyond the 7 year window I had to declare.

If anyone knows what my chances are with that I'd love to hear. As a Public Trustee and not touching any sensitive data I'd hope they are lien-ant for a non-violent, non-drug offender like myself.

For you. If it comes up. I'd have the media report present to prove it was an illegal act of activism and not showing TRUE criminal intent. But I wouldn't try to sweep what you did under the rug either.

If it helps, I've seen https://checkr.com/, https://www.accurate.com/ and https://www.hireright.com/ used for these type of checks. I don't know if you can do one-off checks, but if you can get one done on yourself, you can see what info they are providing before you have to do it.

It’s possible you might not enjoy working in a FAANG corporate environment.

Facebook and Google both receive a lot of negative press about moral issues. If you’ve been driven to action in the name of animal rights, in the past, you might find it hard to stomach your employer being subjected to an endless barrage of accusations such as: tax dodging, contract employee segregation, psychological manipulation, algorithmic gender and racial bias, etc.

Amazon is in the news right now just as much for internal protests about employee rights as those rights themselves.

You might think that becoming a moral insider at one of these companies will help make a difference. That’s true in a passive sense — the more sensible morally grounded people there are, the better the background atmosphere at the org will be.

But unless you are hired into the “make things better” department, your full time contract to automate the iOS right-to-left ad translation team’s bug reporting workflow isn’t going to last long if you repeatedly stir up centathreads on social justice issues.

Its going to be very hard to resist doing any stirring!

Some words of advice to the OP.

Aside from knowing about the OP's criminal / indicted past, as an employer if I had the luxury of perfect information, I would be more concerned about this OP's sense of judgement and personality, work-wise. Of course, that's tough to tell in an interview (if you get that far), but for the purpose of this forum, we're kind of debating also what managers should do about this person hypothetically, to learn from this situation.

Is this the kind of person who feels so strongly that he/she must be right, that he/she is willing to seriously break laws in service of some ideal? Does that mean someone is good to work with, or a liability? How far is the person willing to go in support of their own opinion even if incorrect? Has the person matured or moved on from this or what lessons has he/she taken away from it?

I don't know that answers to these questions, or what is right on this spectrum. I'm posing them to OP.

OP, what would you want a hiring manager to know about these questions? Have you addressed these questions to you, yourself, in life? Have you moved on from this phase? Or are you still radical in what you're willing to do? Does your attitude come into the workplace? Is a normal FAANG kind of job right for you? What are you like to work with?

Given the kind of issues you hear about at Google (for example) with people on both sides of the ideological spectrum, etc. the OP's own written story here puts him/her on a far extreme. So, I would say someone like this is just a heightened alert for a hiring manager, unless they demonstrate a real self-awareness of what that incident meant and how they've dealt with it since. Let's take for example, is the OP willing to put code into an app that they believe is right for some ideological reason -- but wasn't asked for or approved by the manager?

Again, this is in the imaginary scenario of you knowing about the person's past. Of course, the rest of the comments here are about how to hide that past from the hiring manager.

I would say (not knowing anything about the person in this case) that in general it's not the criminal part that worries me (for a crime like this, not talking about more serious crimes). What kind of person he/she is to work with, and his/her judgement, is what concerns me.

OP, these are the kinds of thoughts that -- if you choose to reveal your past (or if it gets revealed) -- a manager I think would want to know. So you probably should think through some of the answers.

Do nothing and let it play out.

If you’re capable of getting one FAANG offer, you’re capable of getting another.

If this one falls through you know to say something next time. If you say anything this time and it doesn’t work out, then next time you’ll have to decide between saying something different or saying nothing at all. Staying quiet now is the smart move.

Don't bring it up. During the hiring phase they are looking for any reasons to NOT hire someone. Unfortunately this post may alert hiring managers at Facebook and try to find which application that is current probably has Utah arrest records. Since they don't have to disclose that they looked (they can easily have a legal firm in Utah paid by a consulting company do it). Not to mention it would probably be easier to identify you being the one candidate from Utah right now.

Not sure about other FAANG companies, but Google claims that they do no discriminate against those with criminal records (I guess the thinking is, you did your time, i.e. have been punished already). I was a bit surprised having seen that so explicitly stated (having worked most recently in a more traditional enterprise which was more conservative).

Now Google writes that, no idea how it is actually handled.

Consider having an attorney in your state review the application with you when you fill it out. Not having been convicted of a felony is a big positive. Just be very cautious about answering the question asked truthfully.

But there are carve-outs to state law -- for example if you are working on a product that stores data where a customer is working on behalf of, or using data derived from the Federal government, you may be subject to their standards and have additional background checks.

Also, in some states "ban the box" laws protect you during hiring, but not once you are hired. If you need a separate check for Project X or Customer Y, that could be an issue.

Not a lawyer, but it seems pretty clear based on https://www.nolo.com/legal-encyclopedia/california-laws-empl... that you are correct about arrest and sealed records. There's also this bit about how the employer has to consider the nature of the conviction versus the nature of the job, that seems to point in your favor:

> For example, suppose an applicant has a conviction related to prescription drug abuse from five years ago, but has completed rehab and been sober since. Depending on the circumstances, the conviction might be a reason to deny employment for a position at a pharmacy but not for a position at a call center.

My advice would be to just sign and consent to whatever background check they ask you for. Unless they provide a form that asks you to provide specific information about criminal convictions, that would seem to be the end of it based on my reading. If they are asking for that information, then it looks like you're still in the clear, but a few minutes with an employment lawyer wouldn't hurt and would probably make you feel better about the whole affair.

TL;DR: I wouldn't worry about it unless they specifically ask. Even then, I probably wouldn't worry about it.

OP, I'm really sorry you are in this boat. My honest opinion is that this is a bullshit charge you are forced to carry around, I wish you the best and hope you find an employer who agrees. It is unfortunately the case that the US grossly over-criminalizes people and has no real way of offering them a shot at atonement. I personally do not understand what is gained by making a huge permanent underclass, but this country seems to believe this is justice in some perverted sense. Even if your charge wasn't bullshit, I would still wish you the chance to get it expunged or made right in some way.

That said, I think in the current environment you should be quiet and ride it out. Let the company get to know you and make a decision if possible. If they love you and then find out, you will have a better chance than by poisoning the well up front. IANAL, just a dev who has dealt with HR a few times. Best of luck:)

I founded the first web based background screening company in 1996 and I am back in the industry today, here is what I would do:

tldr; if it is sealed, do not worry about it. If not, be upfront as soon as possible.

Call the court clerk in the county the record is sealed in and confirm the record is sealed; If so, when a court researcher searches for the record, it will not appear and not be reported by the CRA (Consumer Reporting Agency is the technical term for a background screening company).

If you have never lived or worked in this county, it may never be searched.

If somehow the county reports the record and it is sealed, and the employer does not hire you because of the record, the employer has to do what is called the adverse action process, which gives you an opportunity to dispute the information before taking final action. During this time, you can have the CRA remove the record.

Enjoy hacking away at a FAANG!

If it's really sealed this may be a scenario where you'd be better off not mentioning it. Similar thing happened to me when I went through a security clearance for a position. I mentioned that I was arrested once upon a time and the charges were expunged as part of an agreement. It didn't come up in their search but since I mentioned it they still wanted to know details. Details that were impossible to get since it was sealed/expunged. I essentially created a problem for myself by being honest.

Not a lawyer and not in California.

As others have pointed out, most companies don't care about misdemeanors. And, technically you were arrested when you turned yourself in - at that moment you were not "free to walk away" even if you weren't physically taken into custody.

The company I work for (multi-state) does national criminal background checks on every employee. It's been my experience that if you have a record it'll probably come up (sealed or not). The reliable background check companies have multiple sources and odds are probably pretty good your history will be in some database. I would assume whatever you did is going to show up, at least partially.

If they ask, be honest. If they don't ask, don't tell. At larger companies the recruiters will know very well what they can and can't ask (asking the wrong questions can result in an expensive lawsuit), so they will be very careful about that.

At my company lying about a criminal background is not automatic grounds to dismiss a candidate (we will still take into consideration the circumstances, nature of the crime, and length of time since release from supervision), but it will not impress the hiring manager if you are caught lying.

Most likely, this is nothing to worry about.

If you passed the interview loops at a FAANG, the background check is mostly to cover their ass to ensure you will not harm existing employees. Any past record of physical violence is a problem.

This seems like a non-violent misdemeanor incident. As a former hiring manager at a FAANG, I would want HR to approach me with any reports to ensure a fair process and decision.

Maybe consult an employment lawyer if the offer process goes cold.

I called the superior court of an out of state ticket I got for underage possession of alcohol (application asked about misdemeanors and felonies) and they said don't bring it up unless I'm applying to the FBI. So if it didn't reach your state's or immediate next door states' databases like for a warrant, I'd say zip.

Be honest. You even said you were guilty. Are you going to lie if (read: WHEN) someone asks you the direct question, "have you had any felonies?"? If "they aren't allowed to use it" then why are you worrying?

Source: worked at a FAANG and don't have an immaculate record

I think you'd be a great fit for a role that suits your disposition for social justice. It's hard to stand up and take personal risks as you have. Every FAANG company has its own corporate social responsibility agenda. Working with them would help you channel that energy while benefiting the company. I assume you're not applying for a position doing that, though.

Companies have a growing problem with employee activism. Consider offering to sign a contract that you will not use your position to organize or pursue social or political activism of any kind without the explicit consent of management. Explain how you will separate your personal interests with those at work and offer to legally commit to it.

I have worse. Never presented a problem. I've had every background check that didn't end with a security clearance and some that, had we been doing more gov work, might have. Never once had a problem, even at a FAANG. I wouldn't worry.

My record consists of a felony drug charge from over 10 years ago.

I only ever bring up my record if I'm asked about it or right as I'm submitting my background check forms. Seems to have worked out well so far. Once I didn't even bother mentioning it, did the background check, no questions were ever asked.

There was another time (7 years ago) where I was offered a job and then had the offer revoked due to the background check where I marked the dreaded box. This was for a public transportation authority in a major US city.

Unfortunately for you, my research on this topic seems to indicate crimes of dishonesty (like theft) are more frowned upon.

If they've asked you a specific question, answer honestly. Otherwise, there's no need to bring it up. It's not relevant. I've been the hiring manager at several companies, and not once has a problem from a background check like this come up, nor would it have blocked employment if it did. In my opinion, other responders here are way overthinking this. I also think most forms ask about convictions for felonies, not misdemeanors, so you're not hiding anything.

> I did have an arrest warrant out for me and I turned myself in

Sounds like you technically were arrested.

> aren't allowed to use ... sealed court records against you

That's... basically what sealed means.

> California companies aren't allowed to use

Generally the law applies based on the employee's state of residence, not where the company is based.

Anyway... just answer their questions truthfully, but don't disclose anything about sealed records. I highly doubt they'll ask or care about arrests.

Why not find a really good employment lawyer, drop $5-10k (15,20, whatever) and get a good answer? It's nothing in the grand scheme.

Call a California employment lawyer. They will probably won't even charge you if it's just a couple of simple phone questions. But you might wish to hire them to review your new offer employment paperwork and provide say legally binding advice. In that case the cost will probably only be a few hundred dollars.

So, on these BG checks I always play it safe and let them know that I pled "nolo contendere" to a misdemeanor charge and that the court expunged it, as I have looked and there are still tracks to indicate there was a case.

Of course, "misdemeanor drag racing" isn't anything like theft/riot.

Go to a company that does background checks and pay for the FBI background check. Know instead of guessing

Also make sure you’re not committing another crime by failing to disclose your conviction.

If your employer touches certain types of personal information they may be required report attempts to circumvent disclosure.

If I were on the FAANG side and you just told me what happened, I'd value the honest candor and consider the crime irrelevant to your employment.

If I had visibility into your post here however, I'd start having second thoughts.

You should probably bring it up, especially if they bring it up in any way. You didn't steal, or stab someone, in fact you can turn this into a positive with the right move.

Find a lawyer.

A good place to start looking for recommendations is your lawyer friends, followed by the local board. Lawyers know who is a good lawyer.

I do hiring.

1) Run your own background check and see what comes back. Most will let you run your own check.

2) Don't mention this if you want the job, the the FAANGs did go through a period where they wanted activists / not just the standard coders but I think that might be somewhat over.

3) I would never hire someone with your record if I knew about it.

A note - use straight language if you are committing crimes for moral reasons. For example "defends unborn children from child murders" is committing a murder of an abortion doctor under our current laws, "rescuing animals" may be theft or burglary. "saving the world from GMO" may be destroying a local farm. "saving the world from gentrification" may be multiple arsons (in emeryville for example). 9/11, the US wars in many other countries are often tied to these ideals justify violence and killing language models.

Bring it up early because it lets you put it under your context, your story. Not doing so is much riskier.

I know a few people with similar histories of civil disobedience who now work at FAANG companies. I would wait for them to bring it up.

FWIW, I'd be proud to work with you.

The best time to plant a tree was 10 years ago. The next best time is now.

This also applies to getting a pardon.

Thanks for sticking up for animals who cannot advocate for themselves. I consider you a hero.

I don't have any advice, but I just want to write that I'd be proud to work with you. It takes a great deal of bravery to do what you think is right and fight for abused animals. You clearly show a strong moral fortitude.

> For context, two years ago I was part of an animal rights group that would investigate factory farms and rescue sick, injured animals from them.

We didn't need the context. Also, how about owning up to what you did rather than virtue signaling? In your bizarre little bubble, you may be a "hero", but to the rest of the world, all you are is ...

> and I was indicted on felony burglary

... a thief.

> Any advice or lawyer recommendations would be appreciated.

I wouldn't bring it up if you want the job. Nowadays, many companies ( especially in silicon valley ) are hypersensitive to "activist" workers precisely because of people like you. Would you hire yourself if you were a FAANG? Take on the unnecessary liability? It makes no sense to volunteer information which can only harm your chances. So keep it to yourself and hope for the best.

Also, if you get the job, I wouldn't bring up your criminal record ever to co-workers, boss and especially HR. People like you are exactly the type that HR was created to remove.

Also, you can get FBI history check for a few bucks yourself ( via the fbi website ) or pay private companies to expedite the process. So you can check what your employers would see if that helps.