CanI be denied ajob because of an expunged misdemeanor?

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CanI be denied ajob because of an expunged misdemeanor?

I was arrested for smoking pot in a park and the judge dismissed the case and it was expunged. Now I’m filling out a pre-hire form and the company (a bank) is asking for any convictions, arrests, or pled guilty to any felonies or misdemeanors even if they were expunged. I’m going to be honest as they will be sending my fingerprints to the FBI.

Asked on December 6, 2010 under Employment Labor Law, New Jersey

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If it is expunged, your record will not show the conviction.  You need to ensure your arrest record was expunged, as well, before you consider a tell all.  The point of expungement is so that you do not have to reveal any such previous history.  If your case was dismissed for whatever reason, it doesn't automatically mean it was expunged.  However, if the judge ordered that the prosecutor ensure this is expunged or you sought a separate order thereafter to expunge and it was granted, verify through your counsel and a written record that you did not have and do not have a conviction or an arrest on your record. If you do not have the conviction but still show the arrest, see what can be done to expunge that if possible or have it sealed.


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