QUESTION
Do I need to disclose a conviction that is almost 40 years old when applying for a job?
Asked on Jun 28th, 2011 on Criminal Law - Michigan
More details to this question:
I was convicted of possession of drugs and given prison time in 1972. Do I have to disclose this after 39 years? Is there a time limit on how far back a potential employer can check? Can that be held against me for a non-sensitive job? Do I need a lawyer to get rid of it?
19 ANSWERS
Criminal Defense Attorney serving Stockton, CA
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Law Offices of Scott Tibbedeaux & Associates
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It really depends on the type of background check the employer does. Remember, all convictions are generally public record. Some employers have access to a much more extensive background report than others. There are self-help centers that deal with expungements and if that is not adequately then go to a lawyer for assistance.
Answered on Jul 19th, 2011 at 3:45 PM
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 Yes, this type of conviction will show on a backgound check If you do not disclose it, then you may get fired or not even hired based on lying on your application I hope that this was helpful.
Answered on Jul 05th, 2011 at 10:57 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Many convictions can be 'expunged' from criminal records, but only if there was no felony prison time sentenced whether served or not. Unfortunately, that means you cant get yours expunged. Such records are forever. If asked about convictions, you could lie, but would be immediately fired if and when they check your record. Disclose it and persuade you have been clean for decades. Good luck.
Answered on Jul 01st, 2011 at 9:11 AM
You may wish to speak with a lawyer about seeking an expungement of that conviction from your record. Otherwise, if the application asks whether you have been convicted of a felony, and the conviction was a felony, then yes you should disclose it. Falsifying a job application can lead to termination. Having disclosed it, you may be able to explain the situation and how you have changed your life since that time.
Answered on Jun 30th, 2011 at 9:52 AM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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Unless annulled you should disclose. It can be annulled 7 years after all of the consequences are finished. RSA 651:5. People can get annulments without a lawyer, the only problem is if the petition is screwed up the state makes you wait for an additional three years. There are also filing fees involved. Good luck.
Answered on Jun 30th, 2011 at 9:24 AM
Theodore W. Robinson
First, it depends upon whether you live in NY or not. If you do, unfortunately, you will need an attorney to seek to get "rid of it" and it may or may not work. Because it's so long ago, it will likely be expunged now. Otherwise, it can adversely affect you with employment opportunities. I suggest you speak to an attorney right away and inquire further. Good luck.
Answered on Jun 30th, 2011 at 9:07 AM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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A conviction from that far back in unlikely to be able to be used against you criminally to enhance another crime based upon your arrest. It may remain on your record indefinitely, however, if you do not take specific action to clear it. You may want to consider hiring a criminal defense attorney to assist you in filing an expungement to have your record cleared. This is something we handle on a regular basis for clients in the Louisiana area, and we invite you to contact our firm at the information on this page for a free case evaluation if you are located within our jurisdiction.
Answered on Jun 29th, 2011 at 2:53 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Yes. You may have to disclose it if asked. You do not need a lawyer to "get rid" of it because you can't get rid of it. You can only try to explain it away as a youthful indiscretion. Please note the following necessary legal disclaimer: I have not given legal advice. I only give advice to my clients. I am not acting as your attorney. I have not yet agreed to represent you. Anything I have said is based on limited information and may be subject to change as more facts become known. Attorneys express opinions. Attorneys often disagree. If you want further information or independent verification of anything I have said then you should immediately consult another attorney. Never sit on your rights! I am admitted to practice law in New York State only and cannot practice law in any other State.
Answered on Jun 29th, 2011 at 2:29 PM
Criminal Attorney serving Bellingham, WA
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Andrew Subin Attorney at Law
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It could easily been cleaned off your record if you have been crime free for decades. You dont have to disclose it unless they ask you. AS for how far back they can look, that depends on who is doing the looking.
Answered on Jun 29th, 2011 at 2:15 PM
Steven D. Dunnings
If the application asks you to do so.
Answered on Jun 29th, 2011 at 1:20 PM
William Guy Pontrello
What does the job application ask for. you must be honest. its the dishonesty that gets you in trouble. if you get it seal that's different. get a lawyer.
Answered on Jun 29th, 2011 at 11:49 AM
It stays on your record forever. That is why it is a good idea to hire a lawyer to have it expunged.
Answered on Jun 29th, 2011 at 10:41 AM
Technically, a felony never goes away unless it is "sealed, purged or expunged." In Colorado, some drug offenses are now eligible for "sealing." You should contact an attorney to see if your offense qualifies. I do record sealing for $975 including the court filing fees.
Answered on Jun 29th, 2011 at 10:11 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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If the employer asks about arrests, prosecutions, convictions, probations, etc., and does not put a time limit on the question, then you should consider disclosing it. If the company does a background check and finds the prior conviction, then you will be proven to be dishonest and probably won't get the job. That said, if this is in Texas and the company uses an outside company to conduct the background check, then the outside company is prohibited by law from reporting offenses older than 7 years. Makes no sense but it is in the Civil Remedies Code. (If the conduct their own criminal history check, they can discover and consider it.) Because it is a conviction, it cannot be taken off your record. At least in Texas, the only avenue for removal that you would have would be to apply to the governor for a pardon.
Answered on Jun 29th, 2011 at 9:45 AM
Michael J. Breczinski
Yes the conviction is still on your record and the employer can fire you or refuse to hire you if you don't disclose it. See a lawyer about getting it expunged if possible.
Answered on Jun 29th, 2011 at 9:38 AM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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If the question is "have you been convicted of a crime" the truthful answer is "yes" regardless of how old it is. You cannot expunge a conviction in NY State.
Answered on Jun 29th, 2011 at 9:10 AM
Criminal Defense Attorney serving Tustin, CA
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Wallin & Klarich, A Law Corporation
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If you went to prison you are not eligible for 1203.4 petition. Expungment. You would only qualify for a certificate of rehabilitation and/or governors pardon. You may have to disclose when asked if the application itself asks for all convictions with no time limit. Ie. Have you been convicted in last 10 years?? as an example Certs of rehab and pardons look very good on your record.
Answered on Jun 29th, 2011 at 8:59 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Potential employers can ask whatever they want when it comes to criminal records. Yes, it is up to them whether or not to use your criminal past as a negative factor in hiring you, even if it is decades old. You are not really "required" to disclose this information since you are not filling out a job application under penalty of perjury, but keep in mind if they find out through a background check they will hold the fact that you lied about it against you more than had you been honest and upfront. If you haven't been in trouble with the law for almost 40 years, I can't imagine that being held against you. Most applications only ask about crimes committed in the last 10 years or so. You are eligible to get it expunged as long as you have nothing else on your record (including misdemeanors) and the charge did not have a potential life sentence. You can seek out an attorney that does expungements for more information.
Answered on Jun 29th, 2011 at 8:59 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Of course there is no time limit on honesty. If they ask you oh you have EVER been convicted I don't think you really need a lawyer to tell you what your obligation is. However after 15 years from a felony and 10 years from a misdemeanor you can have your record sealed in Massachusetts. There are several legal guides online that can direct you and if you want some direction I would be glad to tell you how to do it yourself with no charge from me. You can reach me.
Answered on Jun 29th, 2011 at 8:59 AM