If I had an offense “set aside” how doI answer an employment question regarding convictions?

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If I had an offense “set aside” how doI answer an employment question regarding convictions?

For misdemeanor assault the judge “set aside” my verdict after pleading not guilty since no previous record of any kind. I know I do not have to answer yes to conviction questions but usually it is additional asks to include any current deferred adj programs, probation before judgment convictions, etc. I was placed on a mini-probation (that’s what the PO called it). I have already completed everything satisfactorily but have 2 more months before reappearing to have it dismissed. Do I have to answer yes if the conviction question is worded this way?

Asked on October 14, 2010 under Employment Labor Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to get clarification here on what happened.  I know no state that calls anything "mini" probation. What I think happened is something along the lines of the offense being dismissed under certain conditions and one of which was to keep clean for a certain period of time and then the matter would be dismissed.  So you were given what is called here an "ACD" - adjournment contemplating dismissal. You are not reporting to any probation officer, etc.  You need to ask this question of an attorney in your area once clarification has been had. And ask about how this appears on your record in a background check and expungement of arrest records as well. Good luck. 


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