Can an offense that has been set aside be used against you to deny employment?

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Can an offense that has been set aside be used against you to deny employment?

About 10 years ago I was convicted of felony DUI. Last fall this conviction was set aside and my civil rights were restored. I recently was offered a job at a bank, and on the application I was honest about the conviction and set aside. I spoke to someone in human resources who said as long as charge was vacated I should pass background check. In turn, this company is denying my employment due to this DUI. Can they really ignore the set aside and deny employment?

Asked on July 11, 2011 under Employment Labor Law, Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

From your question, it sounds as though your prior felony conviction was completely set aside or "expunged". When this happens, technically there is no felony conviction of record.

Potentially there were other reasons why you did not receive the job you desired other than the admisison that you had a prior felony conviction that was set aside? Was there something else in your background check that could have caused you from not getting the job desired? Even though technically the felony conviction was set aside, you admitted (albeit admirably and honestly) to this conviction which could have swayed any votes for your hiring against your hiring.

Potentially there were many other qualified applicants competing against you for the position that had other traits that put them ahead of you for the position.


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