QUESTION
What do I do about a felony when applying for jobs?
Asked on Mar 31st, 2011 on Criminal Law - Michigan
16 ANSWERS
Jacob P. Sartz
I would advise contacting an attorney regarding this issue. Most attorneys provide free initial consultations. This answer does not contain specific legal advice. If you need specific legal advice, you should retain an attorney to assist you further. If an employer requests that an applicant disclose any prior felony convictions, the consequences may be far worse if an applicant with a prior conviction withholds that information and it's discovered later. Background checks are cheap and most larger employers will run them as part of their screening process. Generally, a better policy is to be honest about prior criminal convictions with job applications. The answer is a little more complicated though if the prior offense was resolved through some type of diversionary program such as the Holmes Youthful Trainee Act, "7411" status, or other types of diversionary programs. I would recommend consulting with an attorney first for specific legal advice for your particular circumstances.
Answered on May 23rd, 2011 at 1:04 PM
The best thing you can do is to be honest. If you were not convicted, make sure the potential employer knows you were charged but that the case was dismissed or you were found not guilty. If you were convicted, explain the situation to the potential employer and make sure you tell him that you paid your debt to society and did what the judge ordered you to do and have learned a lot from the situation and have moved on. If you have a charge on your record that was dismissed or where you were found not guilty, look into getting it expunged from your record.
Answered on Apr 26th, 2011 at 11:00 AM
Criminal Defense Attorney serving Birmingham, AL
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Eversole Law, LLC
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Unfortunately, Alabama does not have an expungement statute. There are some possible remedies, i.e. pardon from the governor of Alabama for instance. There could also be other possible remedies based upon your situation. I encourage anyone with Alabama Criminal Defense questions to call my office or to review my website.
Answered on Apr 11th, 2011 at 9:11 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Thank you for your inquiry In Michigan you could seek an expungement. The requirements are that it be 5 years from the conviction and that you have no other convictions for any other misdemeanor or felony. If you meet these requirements and wish to retain counsel to represent you, you may contact me to arrange a mutually convenient date and time to meet. I represent persons in Wayne Oakland and Macomb Counties.
Answered on Apr 04th, 2011 at 11:20 AM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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You may be able to do something about that felony. You need to speak with your attorney or contact one such as myself that works on criminal defense cases and expungement.
Answered on Apr 04th, 2011 at 11:01 AM
Hire a lawyer to do a 17b motion to reduce it to a misdemeanor, then petition the court for an expungement. Call a lawyer to see if you are eligible.
Answered on Apr 04th, 2011 at 11:00 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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You can consider getting the conviction expunged; it would help in obtaining and keeping employment. Many felony and misdemeanor convictions [and now recently included are infractions] can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no prison time sentenced whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes [PC 286(c), PC288, PC288a(c), PC288.5, PC289(j), PC261.5(d)], and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed. Expungement does not 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If you're serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.
Answered on Apr 04th, 2011 at 10:44 AM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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Depending on what the conviction was for and what your sentence was, you may be eligible to seek a dismissal under Penal Code section 1203.4. As long as you weren't sentenced to state prison, you can apply to have it dismissed. It's worth discussing the particulars face to face with a local criminal defense attorney to see whata options are available to you.
Answered on Apr 04th, 2011 at 10:28 AM
Theodore W. Robinson
I'm not quite sure of what you want to know, but it appears you want to know whether to admit the conviction or not. Actually, there is little choice in the matter and you must admit any conviction for any crime when asked or it is grounds for denial of employment or dismissal if and when it is later discovered. It will usually be discovered if you work for any company that does a background check. If you want to know how to get rid ofa felony, I'm afraid the answer is there is no way to get rid of it, unless you live outside of NY or were under 19 years old at the time of the event. Then there may be some opportunity to do something, but even that's not likely. Sorry to have to be the bearer of bad news.
Answered on Apr 04th, 2011 at 10:17 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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You'll have to be more specific about "what do I do." If they ask you if you have ever been convicted of a felony then you need to honestly answer that you did. Depending on what the felony is and what your record entails, you may be able to get it expunged.
Answered on Apr 04th, 2011 at 10:12 AM
Civil Practice Attorney serving Encinitas, CA
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Law Offices of Ramona R. Hallam
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If the felony is a "wobbler," you can move to have it reduced to a misdemeanor and then expunged.Once it is expunged, you do not have to reveal it unless you are applying for a position with a governmental agency, or where the law requires that you do. If you do not expunge it, you need to disclose it or you can be terminated once a background check reveals it.
Answered on Apr 04th, 2011 at 10:01 AM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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If your question is how to remove something from your criminal record in order to avoid disclosing it on job applications then the answer is that certain offenses can be eliminated from your record in Louisiana via a process referred to as expungement. The ability to expunge your records will be determined by the exact charges on your record and the current disposition of your sentence (completed, suspended, deferred, etc). Expungements can often be handled without any office or court visits on your part when handled by an experienced attorney. Our firm handles a large number of expungements throughout the state and we would like to invite you to contact us at the information on this page for a free case evaluation to determine whether or not we would be able to assist you with your potential criminal expungement.
Answered on Apr 04th, 2011 at 9:58 AM
If it is a class C felony (and is not a DUII or sexually related), you should see if it can be expunged. If it is expunged, then it will not show on your record, and you can honestly say that you have not been convicted of a crime. If the felony is not able to be expunged, then I would recommend thinking of a good way to explain it when applying for jobs. If it happened a long time ago, this is a good start.
Answered on Apr 04th, 2011 at 9:57 AM
Criminal Defense Attorney serving San Diego, CA
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Michael S. Berg
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Unless you have had it reduced to a misdemeanor and/or expunged from your record, it must be reported on your job applications. Good luck!
Answered on Apr 04th, 2011 at 9:51 AM
2 Awards
If they ask, you disclose it and explain.
Answered on Apr 04th, 2011 at 9:28 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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You should be honest and explain it to the employer. Otherwise, if you have only one conviction ever, of any kind of crime, you can move to have it expunged. Click on the link at the left to discuss. Thanks.
Answered on Apr 04th, 2011 at 9:26 AM