What do I tell my potential employer?

I was offered a job at a nursing home. They want me to get fingerprinted. I have
a M1 Misdemeanor for Ohio. On the application I checked no for any offenses. I
want to go file to get this expunged, but for now what can I tell or what should
I tell this potential employer before I go get fingerprinted? I have no other
offenses on my record, this was for theft at JC Penney.

Asked on July 7, 2016 under Criminal Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Until a court expunges your record, an arrst and conviction will remain. Accordingly, on a background check they will show up. So, you'll have to divulge your conviction to your employer. However, the fact that you lied about it on your application may well be held against you. That having been said, assuming that you are eligible for an expungement (there are time limits on this and some states don't allow for misdemeanor expungments), you will need to file a petition with the court and a hearing will be set, typically 30-60 days later; the reporting agencies involved will then be notified. At this point, you really should get started with the process. While you can file yourself, you may want a criminal law attorney to do it for you since it can be a tedious and confusing process. At the very least, you could have them review your paperwork. 


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