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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.