QUESTION
What is the safest way to answer the conviction question on a job application?
Asked on Jan 14th, 2013 on Criminal Law - Florida
More details to this question:
I went to another state to visit a family member and caught a charge for Misdemeanor Assault in the 3rd degree for breaking up a fight during my visit. I was given 21 days and 20 suspended for the night. I stayed in jail along with being ordered to return to my home state under No Probation Supervision for 1 year, which expired last September.
9 ANSWERS
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You need to change your state to the state where you got the case because Texas lawyers do not know the correct answer based on the sentence you received.
Answered on Jan 21st, 2013 at 1:15 PM
What is the exact wording of the question on the job application? If it asks about felonies and you were convicted of a misdemeanor, then you do not have to mention the conviction.If the question asks for all convictions and you were convicted of a misdemeanor, then you must list the conviction. Explain the facts surrounding the case, and state the sentence that you were given. If this is your only conviction, some employers will not see it as a bar to employment.
Answered on Jan 18th, 2013 at 12:14 PM
Gary Moore
A misdemeanor is not a felony or a crime. You have never been convicted of a crime. That is your truthful answer. Actually, you would be better served to also explain that you have a misdemeanor assault conviction and explain the circumstances.
Answered on Jan 18th, 2013 at 12:04 PM
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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When all else fails, tell the truth. In this digital age, almost everything is discoverable and employers nowadays do some pretty extensive records checks; you don't want to get caught in a lie. You might consider "expunging" your record, and in most states, depending on the type of job you're applying for, you can answer "no" to those questions.
Answered on Jan 18th, 2013 at 12:03 PM
3 Awards
Truthfully, just like in your post.
Answered on Jan 18th, 2013 at 12:03 PM
Thomas Edward Gates
You have a conviction, so it must be answered as such. After you complete your probation, have your record expunged.
Answered on Jan 18th, 2013 at 12:03 PM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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Most applications ask if you have ever been convicted of a felony, which you have not. But honesty is the best policy, and explain it up front. If an employer wants to only hire perfect people, they will never fill their jobs.
Answered on Jan 18th, 2013 at 12:03 PM
Michael J. Breczinski
You have to answer yes since you have a record.
Answered on Jan 18th, 2013 at 12:02 PM
Mortgage Foreclosure Defense Attorney serving Deerfield Beach, FL
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The Ticktin Law Group
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Without knowing what your legal sentence was, it is difficult to answer. If the Court 'adjudicated' you guilty then you would have to answer yes to an application question asking if you had ever been convicted. If the Court 'withheld adjudication' then you may be able to say no to a question regarding conviction. In either circumstance, you could always have your record expunged which would clear everything.
Answered on Jan 18th, 2013 at 12:02 PM