If a jobapplicationasks ifI “haveever been arrested, charged, indicted, pled guilty or no contest to any crime felony or misdemeanor”, how do I answer?

It also stated that this includes any records that have been expunged or “sealed”. I feel like this is an unfair question to ask. I have had an open container as well as a furnishing charge that were both expunged. Can I answer “No” to this?

Asked on December 14, 2011 under Employment Labor Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Expungement is not the same as the offense never having occured; expungement merely effectively eliminates most (but not all) records. The truthful answer to this question is "yes" in the case you describe--though of course, you could provide context or helpful information. If you answer "no" you will have lied on the application, and could potentially be subject  to termination and liability if the truth should somehow come out.

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