when and if I should disclose past misdemeanor to potential employer

bdavid

Junior Member
Jun 25, 2004
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This seems like a good forum, so I am hoping you all can help me.

Here is my problem:
I have an on-site interview with a company in another state.
They have already made travel arrangements for me.
They just emailed me an employment application that includes the question of whether you have ever been convicted of a misdemeanor or felony.
Unfortunately, I do have a misdemeanor on my record from about 4 years ago.
My current employer knows about it, but I started at this job as an intern and they didn't ask that question until I was offered a full-time job here and they had already known me for a few months. So I'm afraid this situation is different because this company will see this information without having the chance to get to know me first.

So as I see it now, my three options are:
1. Lie and hope they don't do background checks
2. Fill out the application honestly and give it to them when I arrive at the interview. (they haven't asked that it be mailed back or anything)
3. Contact them now and tell them about the conviction by saying something along the lines of "I just wanted to make sure this wasn't going to be a problem before I fly out there".

If I lie, I am obviously worried that they will find out and reject me for lying. But I do already have an excuse ready to go. I would tell them that I thought it was supposed to be expunged from my record already. The truth is that it can be if you file a petition and have a judge decide, but it is not automatic.

If I wait until actually flying there and it turns out this is a problem, then I would feel very weird about them having already paid for my airfare and hotel expenses.

If I contact them now, I am worried that it will make it sound like it is a big deal and will cost me the chance at this job without them having the chance to meet me and interview me.

Any advice is really appreciated. I'm going nuts trying to decide what I should do.
 

minendo

Elite Member
Aug 31, 2001
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You answer the question on the application truthfully and return it as requested by the potention employer.
 

PanzerIV

Diamond Member
Dec 19, 2002
6,875
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Get it out in the open and don't lie to them. You're going to be awfully embarrassed after you settle into this job and find you're getting fired for this past transgression that you didn't reveal to begin with if and when they run a background check.
 

imported_Strang

Platinum Member
Jan 8, 2001
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If they find out that you lied about it, then you're a criminal AND a liar.

Right now, you're just a criminal. ;)
 

Encryptic

Diamond Member
May 21, 2003
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Originally posted by: minendo
You answer the question on the application truthfully and return it as requested by the potention employer.

Word. If they ask you about it, honesty is the best policy. People fsck up, but as long as you've learned from your mistakes, hopefully it won't be a handicap. It's not a felony conviction, after all.
 

bleeb

Lifer
Feb 3, 2000
10,868
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Originally posted by: yukichigai
Well what kind of misdemeanor is it? Traffic court? Or something more sinister?

yeah what kind is the misdeameanor?
 

xchangx

Golden Member
Mar 23, 2000
1,692
1
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Or you can lie and later on they find out and fire you... noting that all employers afterwards will ask you why to left your previous job. Of course you'll have to lie then too.

Just tell the truth and don't bs at all, because they will find out...
 

Reliant

Diamond Member
Mar 29, 2001
3,843
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I work in Human Resources so I deal with applications a lot. Trust me, put down the crime. If you lie about it, they will find out eventually, and you'll be fired. Depending on the offense the crime could have no bearing on your application. Be honest, get it out right off the bat, and don't worry about it. Nothing will turn an employer off quicker than someone lying on their application.
 

yukichigai

Diamond Member
Apr 23, 2003
6,404
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I just wanted to add that you should write it in and turn in the form. Be truthful.

The reason I want to know the kind it was is because it may affect how you need to go about informing them, e.g. you need to provide some extra information, break it to them slowly, etc.

If it's just a traffic thing don't worry. Unless your job specifically relies on driving it's not an issue.
 

bdavid

Junior Member
Jun 25, 2004
5
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Wow, that was fast.

They didn't ask that I return the application. I assumed I was just supposed to bring it with me when I show up for my interview. Normally, that would be fine. But since I am flying to another state to interview, that's why I have thought about telling them about it first. I would hate to go through the trouble of flying there only to find out that they won't hire me because of this.

The charge was public indecency. Basically, going a little too far with a gf while hanging out in a public park. It was late at night and nobody was around. Except the cop patrolling the area. Unfortunately, there is no distinction made between this kind of thing and having sex in the middle of a crowded shopping mall.
 

Reliant

Diamond Member
Mar 29, 2001
3,843
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Originally posted by: bdavid
Wow, that was fast.

They didn't ask that I return the application. I assumed I was just supposed to bring it with me when I show up for my interview. Normally, that would be fine. But since I am flying to another state to interview, that's why I have thought about telling them about it first. I would hate to go through the trouble of flying there only to find out that they won't hire me because of this.

The charge was public indecency. Basically, going a little too far with a gf while hanging out in a public park. It was late at night and nobody was around. Except the cop patrolling the area. Unfortunately, there is no distinction made between this kind of thing and having sex in the middle of a crowded shopping mall.

If they ask about it then tell them the truth. Don't make excuses or anything like that. If and when they ask just let them know the extent, that you learned your lesson about a time and place for everything, etc.
 

yukichigai

Diamond Member
Apr 23, 2003
6,404
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Originally posted by: Reliant
If they ask about it then tell them the truth. Don't make excuses or anything like that. If and when they ask just let them know the extent, that you learned your lesson about a time and place for everything, etc.
Seconded.

Don't worry about not telling them before you get there. With something like that it's hardly an issue. Just tell them what happened (cop caught you making out) and they'll sort of gloss over on it. In fact there may even be a space on the form to explain what happened.

It won't be an issue, don't worry.
 

Encryptic

Diamond Member
May 21, 2003
8,885
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Originally posted by: bdavid
Wow, that was fast.

They didn't ask that I return the application. I assumed I was just supposed to bring it with me when I show up for my interview. Normally, that would be fine. But since I am flying to another state to interview, that's why I have thought about telling them about it first. I would hate to go through the trouble of flying there only to find out that they won't hire me because of this.

The charge was public indecency. Basically, going a little too far with a gf while hanging out in a public park. It was late at night and nobody was around. Except the cop patrolling the area. Unfortunately, there is no distinction made between this kind of thing and having sex in the middle of a crowded shopping mall.


As I said before, people make mistakes, myself included. I doubt they're going to hold a public indecency charge against you unless it had something to do with your job directly. ;)

Being up-front about it will be the right thing to do in the long run.
 

Ilmater

Diamond Member
Jun 13, 2002
7,516
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Originally posted by: Reliant
Originally posted by: bdavid
Wow, that was fast.

They didn't ask that I return the application. I assumed I was just supposed to bring it with me when I show up for my interview. Normally, that would be fine. But since I am flying to another state to interview, that's why I have thought about telling them about it first. I would hate to go through the trouble of flying there only to find out that they won't hire me because of this.

The charge was public indecency. Basically, going a little too far with a gf while hanging out in a public park. It was late at night and nobody was around. Except the cop patrolling the area. Unfortunately, there is no distinction made between this kind of thing and having sex in the middle of a crowded shopping mall.

If they ask about it then tell them the truth. Don't make excuses or anything like that. If and when they ask just let them know the extent, that you learned your lesson about a time and place for everything, etc.
I feel like I'm beating a dead horse here (I love that expression), but I agree totally.
 

bdavid

Junior Member
Jun 25, 2004
5
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You guys don't think I have any obligation to tell them before they've spent a bunch of money on airfare and hotel? Like I said, they didn't ask to have the application sent back to them so I assumed they just wanted me to fill it out and bring it with me to my interview.

Reliant,
Since you are in HR, you wouldn't be upset if you found out about something like this after your company had already paid for airfare and hotel for someone to come to an interview?

I guess I realize I should tell the truth. I really don't want to be get the job then always be paranoid about them finding out I lied.

I just felt weird about not telling them about this before making the trip.
 

KarenMarie

Elite Member
Sep 20, 2003
14,372
6
81
Originally posted by: bdavid
Wow, that was fast.

They didn't ask that I return the application. I assumed I was just supposed to bring it with me when I show up for my interview. Normally, that would be fine. But since I am flying to another state to interview, that's why I have thought about telling them about it first. I would hate to go through the trouble of flying there only to find out that they won't hire me because of this.

The charge was public indecency. Basically, going a little too far with a gf while hanging out in a public park. It was late at night and nobody was around. Except the cop patrolling the area. Unfortunately, there is no distinction made between this kind of thing and having sex in the middle of a crowded shopping mall.

that is tough.
If you lie and they find out, they could fire you for lying on the application. If you tell them the truth, without an explaination, it will look bad. Public indecency can cover a whole slew of stuff, some of it not good at all. Public indecency can cover anything from peeing in an alley, to masturb.... in a school yard, no? (not sure, just asking)
I like your suggestion that you answer honestly on the application and explain it in person. As an employer, that is what I would prefer. It directly clarifies the issue without making a huge deal about. it.
 

DeadByDawn

Platinum Member
Dec 22, 2003
2,349
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Public indecency, that's what you're worried about? LOL, If I were in charge of hiring people I might chuckle for a second and that's about it. That's down there with speeding tickets, etc... No worries.
 

Bryophyte

Lifer
Apr 25, 2001
13,430
13
81
You won't get the job, or will be fired later, if you lie. Just tell the truth. Chances are good that when they hear that it was a matter of making out with your girlfriend, and it was 4 years ago, they'll just chuckle and thank you for your honesty. Probably won't hold it against you. It's not like stealing or assault or drug offenses or something.
 

aphex

Moderator<br>All Things Apple
Moderator
Jul 19, 2001
38,572
2
91
Look at it this way,

An interview is a chance to sell yourself. Its like legal prostitution w/o the sex.

You've obviously impressed them enough so far as to allow them to fly you out there and put you up in a hotel. I highly suggest AGAINST calling and just blurting this out before you go to meet them. In my opinion, I would view caling beforehand as if you had something to clear off your chest, something that you yourself view as wrong. This is NOT to way to go about impressing potential employers.

Yes, you should absolutely put it on the application, but definately don't bring it up on your own. If it bothers them, let THEM ask questions. Don't just assume that they will care, cause if they don't you end up looking like an ass and someone who can't handle his business....

Just my $0.02
 

BCYL

Diamond Member
Jun 7, 2000
7,803
0
71
You sure just fill out the application form truthfully, and return it the way they wanted... if they didnt specify when u should return it, maybe you should ask them (whether you should mail it back or bring it with u to the interview)... Don't go out of your way to tell them about the misdemeanor, something like that is no big deal and the employer likely wont care about it...