Do I have to answer yes to the “have you been convicted in the past 7 years” question on an employment application/resume submission?

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Do I have to answer yes to the “have you been convicted in the past 7 years” question on an employment application/resume submission?

I was convicted just over 7 years ago and given 5 years probation, which have been completed. A little over a year into probation, I was given a probation violation charge. The judge said I was guilty of the violation, but allowed my probation to continue under the same conditions. When filling out an application that asks the “have you been convicted in the past 7 years” question, do I have to answer yes because of the violation? Will I have to wait 7 years after the violation date to answer no to that question?

Asked on May 18, 2012 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The issue is not the judge's opinion of your guilt, or even what punishment you suffered, but whether you actually either pled guilty to the charge or were found guilty after a trial. If the result after you went to court was that  you were guilty of the violation, then the answer is "yes"; but if you were not actually convicted (which might be the case, if you didn't suffer any additional penalties), then regardless of what the judge  thought, the answer is no. You need to check you own criminal record to see if you were convicted or not; that will tell you how to answer.


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