When filling out a job application do I have to disclose a crime that was ruled nolle prosequi?

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When filling out a job application do I have to disclose a crime that was ruled nolle prosequi?

Over a year ago I was charged with a misdemeanor but never arrested. I completed a pretrial diversion program and the case is now closed. I am currently in the long process of expunging it from my record. If a job application specifically asks if I was convicted of any crime, do I answer yes or no? Also, what will show up on my criminal record?

Asked on August 28, 2012 under Criminal Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you never were convicted of a crime then you answer the question on your job application truthfully. Meaning, you were never convicted of a crime if that is so. The term, "nolle prosequi"in the criminal justice system means that the criminal charge against you was dismissed. If dismissed, then there was no criminal conviction. I am at a loss to see how you could have a criminal matter expunged when there was no conviction. Perhaps you meant to say that you are seeking to get your criminal file sealed?

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

Answered 8 years ago | Contributor

The term means "no prosecution" in Latin.  Your record will generally note the charge and that nolle prosequi was entered until you sucessfully expunge it.  But you have not been convicted if a crime.  So if the question specifically states that question you can answer it accordingly.  Good luck.


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