Can I answer no to pleading guilty on background check if I received a deferred judgement?

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Can I answer no to pleading guilty on background check if I received a deferred judgement?

I was given a deferred judgement, entered a guilty plea, and satisfied the conditions. My case is now dismissed. Can I answer no to “have you ever been convicted of, plead guilty, or no contest to a felony or misdemeanor”? It is for an employment background check.

Asked on January 5, 2012 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You say that the question asks, among other things, whether "have you ever . . . plead guilty. . . ." You also write that you "entered a guilty plea." Based on what you write, you would be lying--and therefore potentially committing fraud (depending on the exact circumstances) if you answer anything other than "yes": you are asked if you pled guilty, and apparently you did. The question does not ask about whether you served jail time, fufilled the conditions of deferred judgment, had a case later dismissed, etc.


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