Is there a way to ask the state to pardon my felony?

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Is there a way to ask the state to pardon my felony?

I was charged with a class 6 felony, possession of marijuana with intent to sell. I recently applied for a job that later offered the position to me but I was denied the offer once they reviewed the background check. Was I fairly denied the offer? I’ve heard that you can’t be discriminated from a job for felony convictions that aren’t work related, is this true? Is there a way I can legally obtain this job offer with my conditions?

Asked on April 12, 2012 under Employment Labor Law, Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The onl way to have the state where you were convicted of the felony that you are writing about is to submit a formal petition to the governor of that state seeking the pardon with a detailed reason for it on approved forms. The vast majority of pardon requests for a conviciton are rejected by the governor based upon my experience in the matters.

You might consult with a criminal defense attorney about trying to get your criminal conviction expunged. If expunged, then for all intents and purposes you would have no felony conviction.

As to job issues, an employer cannot per se discriminate against hiring a person due to his or her prior criminal convictions but such issues always come into play in the final decision to hire a person or not. Whether or not you were unfairly denied the job offer that you are writing about cannot be opined by me based on what you have written in that the actual reasons for the denial have not been set forth by you.

You are correct that one cannot be discriminated against due to prior criminal convictions. However, the reality of the situation is that having an employee with a prior criminal conviction is always a concern for an employer.


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