Must I disclose a summons on a job questionnaire?

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Must I disclose a summons on a job questionnaire?

I recently received a summons for an open alcohol container and a ticket for fare evasion in the subway. On a moral questionnaire for a job, it says to disclose any prior convictions for misdemeanors, felonies, and violations other than minor traffic violations. Must I disclose either of the above mentioned things on the questionnaire?

Asked on February 8, 2012 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A summons is not a conviction: a conviction is either an adjudication after a trial that you are guilty, or the result of you having pled guilty to a charge. If you only recently received the ticket and the summons, and have not yet pled guilty to either or appeared in court and been convicted, then so long as the question asks only for "prior convictions," you would be able to honestly answer "no." Hoewever, if you are convicted prior to getting the job, you would likely be under a duty to amend or update your answer.


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