Arizona Conviction Set Aside (Judgment of guilt Vacated)

Question Details: In ARIZONA, 10 years ago I plead guitly to one undesignated offense that was later designated a misdemeanor when I sucsessfully completed 6 mos of standard probation. I was recently granted a request to set aside or vacate the judgement of guilt. When applying for a job in OREGON is it a large risk to answer NO on prior convictions (as I believe it still will show up on background checks and be flagged as set aside) or should I answer YES and explain the setting aside?

Asked 10/28/2009 under Employment and Labor | 1380 View(s) | More Legal Topics

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Employment and Labor Law Answers

As this issue is likely to follow you for the rest of your employed life, it's probably not a bad idea to invest some money with an agency that performs background checks for employers to see for real what shows up. Don't speculate. Find out as a matter of fact, and then make your decision on that basis. Honesty may be the best policy, but the sad fact of the matter is that most employers are tempted to shred employment applications on which the applicant admits to a prior conviction, no matter how extenuating the circumstances and no matter that the judgment has been expunged. It also depends on the precise wording of the question. If it asks if you've ever been convicted of a crime (other than for a traffic violation), that would require a "yes" answer even if the judgment has been vacated. You were in fact convicted at one point in time. That's all that matters. If the prior conviction is likely to show up on a background check, even if it is flagged as set aside, your best bet is to admit and explain. Hopefully your honesty will be appreciated. Alternatively, if you don't admit to the conviction and it show up in the background check, you can forget about working for that employer, right?

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