How do I answer the question of criminal conviction on an employment application?

Get Legal Help Today

 Secured with SHA-256 Encryption

How do I answer the question of criminal conviction on an employment application?

I successfully completed the pre-trial diversion program in 2006. Based on my understanding, completion of this program would have the charges dropped with no conviction? Is this correct? I am currently looking for employment and the employer is requiring a background check. I am not sure how to answer this question; “Have you ever been convicted of any violation of law, including moving traffic violations?”. I’m sure this will show up on the background check. Should I be upfront about it even though I wasn’t convicted?

Asked on March 23, 2011 under Criminal Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The whole point is you can answer no to the question and it won't appear on your record. Before you do anything with that application, contact the police department and find out if it is still on your record. If you are scared to do so, contact the attorney who helped to represent you and have him or her run the necessary work to ensure your conviction doesn't appear anywhere. You need to also check to see if your arrest record has been expunged or if that still appears somewhere on your record. If you have any questions that ask if you have been arrested, you may run into an issue if your pre-trial diversion program only covered conviction and not arrest.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption