The recruiter that I am working with gave me an employment application in which she has informed me to send directly to the hiring manager. I interviewed with the hiring manager last week and he and his team was very impressed with me. During the interview, the hiring manager and I really connected. I was asked for a 3rd interview so that I can meet his manager. The question that I have relates to the job application. Currently I am on deferred prosecution for a misdemeanor charge (AOF) in which if I successfully complete a 6 month program, the charge will be dismissed. Because I have to send my application directly to the hiring manager (not to HR) and the hiring manager and I got along so well during the interview, I want to briefly inform him that I had check "yes" under the background check as it relates to pleading guilty. Therefore would you suggest that I provide him with this. What I wanted to write in the e-mail is: "Although I have not been convicted of a crime, I regrettably, have plead guilty. In May 2012, I entered into a deferred prosecution agreement for a misdemeanor related to a personal family issue that disappointingly, occurred in January 2012. Under the deferred prosecution agreement, when I have successfully completed the six (6) month program (weekend class), my charge will be dismissed. Although the incident has occurred, all of the necessary actions are being taken to address it (some of which has been beyond what has been required), and I can assure you that this incident has not affected my ability to perform my job."
Hi, I am the professional helping you today with your question. I see you are offline, and hope to connect with you at some point. Perhaps you can answer some questions for me. What state are you in and what is the crime you are referring to exactly? Secondly, exactly what does the employment form ask you as it pertains to criminal background? Does it ask if you've been arrested? Convicted of a crime? You may not be required to admit all that you have suggested and it may not be in your best interest to do so. I can better assist you in your decision if you provide me with those specifics.
The state that I am located in is North Carolina. The question that is asked on the application form is "HAVE YOU EVER BEEN CONVICTED OF OR PLED GUILTY OR NO CONTEST TO A CRIME OTHER THAN A MINOR TRAFFIC VIOLATION? IF YES, PLEASE EXPLAIN". Because I have to submit my application to the hiring manager and since we had a good relationship during the interview, I don't know if I should briefly (high level) explain to him what has transpired as I don't want him to think that I am hiding anything from him.
Ok well I'm here first of all
So, the question is really, how much should you say in order to be honest without being too detailed.
Correct. On the application as well as to the hiring manager
As you know, we can't give legal advice, just information. According to that form, and from a legal standpoint, if you choose to divulge confidential information about your criminal background, I would still be as limited as possible in the details.
For instance, your answer leaves the door open for many more questions than it answers, which is a bad thing.
It makes the person ask things like, "this was a domestic incident? Is he a batterer? Is he a drinker?" etc. etc.
Thanks for the response. I didn't think of looking at it that way.
You are not being sneaky by being brief. I also think the form calls for you to be brief.
The more you are succinct, the less important the incident seems. The more you explain it, the more complicated and disconcerting it seems, don't you think, just from a common sense point of view?
So you could say something like, "In the year 2012 I plead guilty to blank, with the understanding that it will ulltimately be dismissed and leave me without any Criminal Record on this date (put the date)
If he asks for more specifics in the interview, continue to be vague, but make it sound like you aren't by saying something like, "it involved an unfortunate incident that really escalated needlessly but I have learned from that mistake, and feel that as long as we learn from our mistakes we are always making progress"
is it being sneaky if I say that I plead guilty to a Misdemeanor charge or do I have to say exactly what the misdemeanor charge was?
I would put it as I put it above and let him ask for further details if he wants them, rather than voluteering them. a) Yes, I plead guilty to a charge will ultimately be dismissed on X date. If he asks for details answer b)An unfortunate incident that escalated needlessly which I have learned from etc. etc.
Be brief and be vague. Let him ask for more. If he really likes you he may not dive into the question when he reads that it will be dismissed anyway
Just to be sure are you getting all my responses?
? I want to be sure you are seeing my responses because I have technical issues sometimes
I know that justanswers.com can only give suggestions. However would you suggest that when I e-mail the hiring manager my application that I put in a brief statement (along the lines of what you suggest) in the e-mail or would you suggest just answering the question on the application and only bring it up if he ask?
yes, I am receiving your helpful responses
If it i s a subject that has not come up except on the application form, then I don't see why you need to bring it up but that is up to you and how you feel about the exchange. You have a better feel about it. If it is only on the form, perhaps you can simply fill out the form and let them read it as they normally would. You are being honest by filling out the form. Why elaborate needlessly?
The main thing to keep in mind is that the more you say, the more questions you raise. Be brief, be vague. Whichever you choose to do, keep in mind the way the details sound to someone who doesn't know you or the situation (and shouldn't know the situation)
Thanks for the response. The same brief statement that I was going to put on the form was the same that I was going to put in the e-mail as I didn't want the hiring manager to feel that I was hiding anything from him.
You can do that without divulging so much.
I do want to bring to your attention there is a matte which is set to be dismissed on this date, to which I pled guilty. Please be assured it in no way affects or interferes with this position, this company or by abilities to do this job
See how that is enough?
I was just planning to do a "copy and paste" of the same brief statement and if he wanted to know more then I would answer his questions as breifly as I can.
Just fix typos! Lol. All I can do is provide information, of course, but I hope I have given you some ideas. If so will you rate me positively so I can get credit for my work?
Yes. thanks for your suggestions. That is one thing that I need to work on is being brief and to the point. I see the difference between our suggestions as they both bring the point that I am looking for however. Once again, thanks for your assistance.
You're very welcome. Good luck!
Please let me know of any follow up questions, okay?
They are free, included, part of the deal.
I will. Once again thanks for your time, suggestions and patience.
I'm going to exit now. Thanks in advance for your rating!
Experienced practicing criminal lawyer ready to answer your questions regarding charges, laws, bail and more.
Hi! I just wanted to make sure you were satisfied and if you have any further questions?
Yes. I was satisfied with your response. Per our conversation (chat), I filled in the application with an informative but brief (what we discussed) explanation. When I e-mailed the hiring manager with my application, I also included a brief statement (similar to the one that was on my application). The hiring manager contact me and wants me to meet with him tomorrow to discuss my legal issues so that he is comfortable with it. Therefore how much detail should I provide to him. Should I go into detail about what the charge was? The main thing that I want to get across is that I am in deferred prosecution and that the charge will be dismissed by the end of the year. My charge was classified as a Domestic Violence (although no violent act was conducted). My overall goal is to ensure that he feels comfortable that I willn't be a threat or concern to anyone in his or department.
Well, you have a better feel for him than I do, obviously, but from an objective standpoint, the more you can distance yourself from the whole criminal world, the better, so continuing to be as succinct as possible, without being completely evasive is to your benefit. Perhaps something like, "I absolutely understand your concerns, which is why I wanted to address them immediately, because I want to assure you that the incident that occurred, which was really an out of the ordinary situation that escalated in an abnormal way, is not standard operating procedure. I am a steady, predictable, and stable man, worker and dependable person. There is nothing to fear from that incident, with regards XXXXX XXXXX position. I want to be clear on that. That is why it is being dismissed and will result in no criminal record for me."SmithEsq41100.6454933218
Thanks for the response. I do apologize for the array of questions as the only time I have meet with a hiring manager was to discuss my experience as it relates to the job. Because this is a face to face meeting to discuss my legal matters, should I mention that my legal matters is related to a domestic issue if he asks what is the legal matter about?
Well, it's a difficult situation. Honestly, as a criminal defense attorney, I know how the stigma of "domestic violence' sounds. If there's a way you can be vague about the details and/or the participants that would be ideal. I'll be on later if you need more help. Okay?
Thanks for the response. Just let me know what time frame you will be on later today.
Ill be here around 445the or 5pmthe eastern time. Ill look for u then!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).