Must you disclose an out-of-state felony on a job application?

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Must you disclose an out-of-state felony on a job application?

If you have a felony on your record, and you apply for a job in another state, do you have to disclose your past felony conviction on the application if asked?

Asked on August 27, 2010 under Employment Labor Law, Michigan

Answers:

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

Answered 10 years ago | Contributor

A conviction is part of your permanent criminal record no matter what state you are in.  These records can be accessed by an out-of-state employer.  So if you don't disclose it, your conviction will turn up in most employment background checks.  Even if for some reason it doesn't shoe up now, if a later check is run (and periodically employers do this), it will more than  likely turn up then.  You should be honest and hope for the best.

Note: Depending on just what the conviction is for, in some states you may be able to get it "expunged" (ie cleared).  However, the majority of states do not allow for this if the conviction was for a felony.


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