Want to apply, but stuck on something

[ocguy]

Hi everybody. I'll get right to it. I have a pretty clean behind. No tickets, no arrests, but I did do something I shouldn't have a couple years ago at work. I won't go into detail. Not that bad, but not proud of it either. Anyway, my employer and I signed an agreement that what happened would stay private - between them and me. Now, I realize that peace officers have to disclose everything, and a BI can look at "private" documents, but who is that up to? Disclosing it could also put the company in jeopardy, and I'm sure they wouldn't want to release it. My question is, is it up to the company? How does that work?

Thanks

[TheForceCHP]

I would wait to see what DW says, but my advice would be to explain the situation in FULL to your BI and go from there

[ocguy]

I suppose I should have made myself just a bit more clear. I fully intend to come 100% clean on anything they want to know. My problem lies in that I signed a notarized document that prohibits me from even talking about it. I'm not so concerned about them finding out what happened as I am being sued for disclosure. Again, as serious as this all sounds, it really wasn't a huge thing. Just had some specifics that made the company take action and protect themselves by having me sign it.

[dw]

Hmmmm... Sounds like you're caught between a rock and a hard place. As part of the background investigation, you will sign a release to authorize disclosure of all documents on your part. Problem is, sounds like you have no control over disclosing this; to do so may violate a legal agreement. If asked a question about the incident in, say, your QAP, be sure to provide an affirmative response, but explain to them what you've just told us. My thought is that Government Code 1031.1 (http://leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=29302513064+2+0+0&WAISaction=retrieve) should allow your BI access to the records, but the company may still refuse.

If I were you, I would contact the company, explain your situation, and maybe show them GC 1031.1. See if you can come to an (written) agreement where disclosing to the CHP (knowing everything you tell us remains confidential) is okay. If that does not work, maybe consult a lawyer. If the company ultimately refuses to produce your complete file, you may have to contact a lawyer anyway.

Ultimately, as others have said, you're going to have to work this out between you and your BI. I'd just make every attempt ahead of time to resolve this if possible, so avoid a delay in your background.

[TheForceCHP]

Sounds like something that only your BI can answer then. As stated before, see what DW says

[undertow999]

I would just explain to your BI the full details about what happened and the situation you are in with the company. I am sure your BI will work with you and your previous employer to make sure that no unnecesary drama is made. It is like any bad situation you may have had in the past, just explain it, in excrusiating detail to your BI and I am sure he/she will be able to work things out.