For 6 years, I've struggled with the stigma of being on the sex offender registry. Despite having free roam in California (i.e. no residency restrictions), locking down a job has been impossible. I was denied from Wag, the dog walking service because I'm on the registry (but the particular crime did not come up).
Home Depot hired me, and following the interview they asked me to come the next day in for a drug test. I showed up, then afterwards, the Hiring Manager had me fill out an online form for a background. They got the results (just me being on the registry, not the crime itself) and asked an array of questions. I answered them honestly, then they called 2 weeks later to confirm some answers. I just recently received a letter, rescinding their offer of employment, based on the fact that I'm on the registry. I have not missed a police check in, nor have reoffended and yet I'm being prejudged based on being on the registry alone, not because of what I did (Article 80 UCMJ - Attempt to wrongfully receive child pornography).
I feel I'm being cheated, and I know Home Depot will hire violent felons. Is there anything I can do to rectify my situation?
Unfortunately, it'll be difficult for you. The stigma surrounding sex offenders is, as you know, significant, and is enshrined in the law. However, you may want to discuss your experiences with Home Depot with an attorney as there may be procedural missteps by Home Depot along the way (for instance, were you notified in writing before they took adverse action? Were you provided with a copy of the background check and a summary of rights under the FCRA? If not, those are actionable unto themselves.
While I am an attorney with over fifteen years of experience, until we sign a retainer agreement, I am not YOUR attorney. My postings are meant for informational purposes only, and DO NOT constitute legal advice, nor do they create an attorney-client relationship between us. As such, the question, my answer, and any comments left to my answer, are not protected by attorney-client privilege. Also, keep in mind that all legal claims have relevant statute of limitations, some of which can be very short. So, if you believe you need to hire an attorney, and need legal advice, seek out legal representation as soon as possible.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline