Job Application - Have you ever been convicted of a crime?

[effowe]

I've filled out some applications recently that asked this as a question. Long story short, I was arrested 10 years ago for underage drinking (misdemeanor,) and after paying my fines and completing community service it was expunged from my record. I was told that since it was expunged, it was like it never happened and I could answer no to that question.

So which is it? Do I have to answer yes and explain what it was about, or can I just say no since it's not on my record?

 

[BurnItDwn]

Dunno for sure, but if it says convicted, and you are saying it was expunged, then No would probably be the right answer. I mean, in theory, there's no way they can find it...

 

[boomhower]

Depends on the state and the job. In some states expunge doesn't really mean expunge.(i.e. it's still not hard to find, NC for instance) If it's a law enforcement job I'd list it, anything else and I wouldn't.

 

[zinfamous]

of course, we all know that "underage drinking" is code for "underage sexing."

:sneaky:

 

[HardcoreRobot]

generally i say no, but i can think of some jobs where you definitely would want to disclose. if they ask the right people they will find out about your past, and they may want to know even if the record doesn't show it anymore

 

[logo908]

Yah for pretty much any job I'd just say no. Unless it's a govt. job that needs a security clearance or something.

 

[SKORPI0]

This is difficult but if I were in your shoes I'll answer YES, just to be honest. Even if the record was expunged, law enforcement still have access to sealed records. It may show up in background checks.

Under explain if you answered YES. You were convicted for a misdemeanor of underage drinking and payed a fine and did community service. Indicate what age do did it.

Just my 2c. Good luck.

 

[dfuze]

I think you are in the clear, when it's expunged I think the reason is so that it doesn't affect you at times like this as long as you got yourself cleaned up

 

[mwtgg]

I'd say no.

 

[guyver01]

I mean, in theory, there's no way they can find it...

Well.. .no way... unless they do a background check.

 

[deadlyapp]

Well.. .no way... unless they do a background check.

Depends on job. I know most retail jobs when they do a background check, all the are checking for is theft on the record. If you become a manager or someone who's actually responsible for something valuable, they check for felonies.

 

[FelixDeCat]

Heres a crazy idea - pay the $39 - $59 for a background check and get it answered for good. Normally an expungement is not automatic. It is separate procedure that you have to hire a lawyer for ($2500), get a judge to issue an order, then have the lawyer forward to the city in which you were arrested, any applicable reporting services they give information to (ask them) and finally the FBI's NCIC.

If they say something "will fall off your record" if you complete the terms of your probation thats not the same thing as an expungement. You will still have an arrest record on file (but no conviction) and if an employer words it so it says, "have you ever been arrested", you will have to answer yes.

An expungement order compels the various authorities to remove and destroy all evidence and records of any kind related to the offense. Those that dont comply within a reasonable amount of time are subject to owing you damages for any harm caused as a result of that existing record.

 

[JohnOfSheffield]

Nope, never.

 

[Gothgar]

no

 

[bruceb]

I agree. Only way to be sure is run a check or have an attorney do it for you. Then if it should be gone and isn't, you or the attorney can get it gone properly.

 

[spidey07]

Never. Answering honestly does you no good in this scenario and it wasn't a felony.

1) Answer no, go through the process, they find out, just say wow! I forgot about that! Likely hired
2) Answer yes, no chance of getting hired.

I made the mistake of being honest with questions like these and it got me fired.

 

[Colt45]

WTF, they actually arrest people for underage drinking there?

it's just like a parking ticket here.

 

[Suspicious-Teach8788]

lol @ spidey. ive heard that many times!

 

[BoomerD]

Just say No.

I have a fairly extensive felony record and I ALWAYS answer "NO" to such questions...unless it's a law enforcement job or a school district...then I tell the truth...with explanations.

In doing so, I KNOW I won't get the job...but sometimes, the truth is better even when it's gonna cost you a job. The AVERAGE job...tell them what you want them to know.

 

[ShawnD1]

Never. Answering honestly does you no good in this scenario and it wasn't a felony.

Simply put, you should NEVER tell the truth on a job application.

Basic example: what did you learn while working at McDonalds. The obvious and true answer is that you learned absolutely fuck all. The "answer" to put on a job application is an elaborate lie that makes very little sense but it sounds nice - I learned the synergistic way a team of dedicated intellectuals can accomplish common goals through teamwork and a trustful system of open communication.

Did you ever commit a crime? No you did not. Even if you were found guilty of murder and you spent 10 years in jail, you still answer no. The answer is no until they can prove otherwise.

 

[Paladin3]

Most of the job applications I've been filling out word that question so that it applies to any violation more serious than a non-alcohol/drug related traffic citation, even if prosecution was suspended, deferred or withheld. If you answer yes you are screwed, if you answer no they do a background check and you are screwed.

Do your own background check and see if it comes up. That's the only way to know for sure. If you are short on money you can check the laws in your state. In many, if you consent to a background check by a potential employer you have the right to request a copy of the result for free.

The unemployment rate is high and employers are scared of any liability from hiring employees with a record, so any little thing can keep you from being hired right now.

 

[JEDI]

I've filled out some applications recently that asked this as a question. Long story short, I was arrested 10 years ago for underage drinking (misdemeanor,) and after paying my fines and completing community service it was expunged from my record. I was told that since it was expunged, it was like it never happened and I could answer no to that question.

So which is it? Do I have to answer yes and explain what it was about, or can I just say no since it's not on my record?

ALWAYS answer no!!!!!
even if you have a record the length of your arm.

make the company do it due dilligence.

they might hire you, THEN do the background check. hopefully by the time they found out, your mgr would like your work.

DENY DENY DENY!

 

[Glitchny]

I'd say just put no. I got a citation for possession when I was 19/20 (can't remember) for crossing the border with an illegal substance and I've said no on everything for the last 6 years.

Said no on the FAFSA (federal student aid), said no on job applications, hell I said no on the Nevada Gaming Commission license application, and they are hardcore about their background checks. Never had an issue.

 

[Jadow]

Depends on job. I know most retail jobs when they do a background check, all the are checking for is theft on the record. If you become a manager or someone who's actually responsible for something valuable, they check for felonies.

not true

 

[ShawnD1]

not true

The untrue part is that they simply don't do background checks. Who the fuck gets a background check when applying to work at Best Buy? Home Depot? Princess Auto? Any other retail store ever in the history of the world? They don't do drug tests either.