What do I tell my potential employer?

UPDATED: Sep 30, 2022

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What do I tell my potential employer?

I was offered a job at a nursing home. They want me to get fingerprinted. I have
a M1 Misdemeanor for Ohio. On the application I checked no for any offenses. I
want to go file to get this expunged, but for now what can I tell or what should
I tell this potential employer before I go get fingerprinted? I have no other
offenses on my record, this was for theft at JC Penney.

Asked on July 7, 2016 under Criminal Law, Ohio


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Until a court expunges your record, an arrst and conviction will remain. Accordingly, on a background check they will show up. So, you'll have to divulge your conviction to your employer. However, the fact that you lied about it on your application may well be held against you. That having been said, assuming that you are eligible for an expungement (there are time limits on this and some states don't allow for misdemeanor expungments), you will need to file a petition with the court and a hearing will be set, typically 30-60 days later; the reporting agencies involved will then be notified. At this point, you really should get started with the process. While you can file yourself, you may want a criminal law attorney to do it for you since it can be a tedious and confusing process. At the very least, you could have them review your paperwork. 

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.

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