Would You Want to Know About a Triple Murder Charge on an Employment Background Check?

Nick Fishman

A man charged with a 1996 triple murder which resulted in a mistrial due to unrelated sexual misconduct charges against the arresting officer has petitioned the court to expunge his arrest record.  Evidently, these charges are being revealed on employment background checks and are making it impossible for him to find gainful employment.  So here’s the deal, technically employers aren’t supposed to factor in arrest records that are greater than 7 years and didn’t result in a conviction.

Now, let’s put this theory to work.  According to this article in The Oklahoman, this guy appears to be guilty of the charges.  He just got lucky with the unproven charges about the arresting officer.  If you ran a criminal background check on this person, would you want to know about these charges?  Would you hire him?  See below.

Former Oklahoma City triple-murder suspect asks to seal his criminal record

A man charged with three 1996 murders wants his record wiped clean of the arrest. The 1999 trial of Tybream Demont Rogers was declared a mistrial after sexual misconduct allegations were raised against a police officer. More than 10 years later, Rogers wants his role in the episode erased.

BY Michael Baker

Published: July 6, 2010

A man charged in three deaths during a 1996 shoot-out wants his criminal record wiped clean of the arrest and resulting first-degree murder counts.

The 1999 trial of Tybream Demont Rogers was declared a mistrial after a defense attorney raised allegations of sexual misconduct by an Oklahoma City police officer. An appellate court ruled Rogers could not be retried because it would be double jeopardy.

More than 10 years after that ruling, Rogers, 35, wants his role in the episode erased from his criminal jacket. He has filed a petition for the expungement of his record. A hearing has been set for Thursday in Oklahoma County District Court.

Given the charges, such a request is unusual, said Oklahoma County District Attorney David Prater, whose office — along with attorneys for Oklahoma City and the Oklahoma State Bureau of Investigation — opposes Rogers’ request.

“Frankly, I was surprised that the expungement was filed,” said Prater, who was an assistant in Oklahoma County District Attorney Bob Macy’s office when the case was tried. “That’s unusual that you’ll ever have anyone file a motion for expungement on a case as serious as murder.”

Rogers says the charges are unfairly hurting his chances of finding a job. Arrests, charges and case outcomes show up when an employer does an OSBI background check.

Those opposed to sealing Rogers’ records say since there was never a finding of guilty or not guilty and the charges were never dismissed, there is no legal means to remove the arrest from the record. Further, giving the seriousness of the charges, the public has a right to know about them.

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Nick Fishman
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Nick Fishman

Nick Fishman is the co-founder of EmployeeScreenIQ, a leading, global employment background screening provider, and serves as the company’s executive vice president and chief marketing officer. He pioneered the creation of EmployeeScreen University, the #1 educational resource on employment background checks for human resources, security and risk management professionals. A recognized industry expert, Nick is a frequent author, presenter and contributor to the news media. Nick is also a licensed private investigator in the states of Ohio and Texas.
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