Criminal Law Questions? Ask a Criminal Lawyer.
OK, this going to take some time, but I"ll be glad to help. Could I get some more information?
1. Are you sure this was a straight conviction? COuld it have been "deferred"?
2. Did you satisfy all terms of probation?
OK, no problem. In a deferred sentence, the court does not enter a conviction on your record. You are still placed on probation. Do you recall any discussion of that sort with your attorney or in court?
Also, do you plan on staying in Arkansas?
No it's not going to be possible to that the check tonight. If you did get a deferred, then you were never "convicted". If that is the case, your answer is "no". CHeck on that Monday when you contact your NC attorney.
The reason I asked about arkansas is that the employment laws on the answer to the "arrest or convicted" question vary by state. I'm going to continue one more important aspect of your question, but if you do find an opportunity in a specific state other than Arkansas, you can come back online here and ask for me. I'll find that out.
But, in Arkansas, there is no express prohibition to asking the conviction question. Some states do in fact make it illegal to ask about arrests, some states only allow questions about felony convictioons, still other allow questions about crimes of dishonesty (theft), etc. So, it becomes a very difficult question.
I need to check into one aspect of this whiuch could become very important. It will take 15-20 minutes, but I'll be back.
OK, I can finish the answer now.
As to the question in Arkansas, unless the lawyer in NC says the case was deferred, you will have to answer "yes" to a conviction.
Something to keep in mind that anyhigher level position anymore will be done by a serious internal HR staff or professional recruiter. Either way, they are going to use other services which havbe access to your criminhistory, known as your NCIC or triple III, So, it will not benefit you to leave the question blank. In fact since, we are talking about a 13 year old petty misdemeanor, it would more harm tha good. You have to assume they already have or will obtain the information.
I went and did some research on a seldom used tool called "expunction, expungement, or sealing of records". I found that NC does have procedures for expunction incertain conditions. There are several places in all state codes thatprovide for such a procedure. You need to contact a NC lawyer thathandles these actions. Why? Expunction eliminates older and minor criminal offenses fromyour record. You will need to use a lawyer to be effective at all, or to find out if it is an option. I just wanted you to be aware of it.
Here is a site that you can go to and obtain a certified copy of your criminal history in NC. It will resolve anydoubt about a prior conviction:
Please review all of my previous posts. They all apply and carry some relevant information. Definitely contact a NC lawyer about your record and expunction, and if you need me in the future, just ask for me.
I guess the last thing to keep in mind is that you will be able to change some of the past, or not, Try to correct what you can. Beyond that, I still wouldn't lose sleep. Yours is an old conviction that is very small in the big scheme of things.
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