How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Zoey_ JD Your Own Question

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16070
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Type Your Criminal Law Question Here...
Zoey_ JD is online now
A new question is answered every 9 seconds

Hi Fran,I had a questions about how to label my class a

Customer Question

Hi Fran,

I had a questions about how to label my class a misdemeanor on my background check for a job.. can you help me?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 11 months ago.
Hi,

Thanks for requesting me.

What do you mean by "labeling the mismeanor?" Did you get a diversion or deferral and was it dismissed? If so, did you expunge it? And finally, is your employer a private company or a city, state, Federal government position?
Customer: replied 11 months ago.

Fran,


 


I believe it was a diversion and then it was dismissed.. This happened back in 2007. I was required to do so many hours of community service as punishment. My public defender at the time told me that after 5 years it would no longer be on my record. I was very young at the time and didnt ask the necessary questions that I should of.


 


I did not have it expunged.


 


It is a private university that will be employing me. They just sent me a background check request from a local company called Barada Associates. On the paperwork that I need to submit it asks "Have you ever been convicted of a crime? Do not disclose convictions that have been expunged or sealed by a court of law."


 


I am curious how I should answer this question.


 


Thanks for you help, Fran.

Expert:  Zoey_ JD replied 11 months ago.

Hi Sheena,

Diversion agreements in Indiana are sealable, after which you could deny the entire incident. But that doesn't happen automatically, at least not under the 2013 laws. I have no idea what the state of the law in Indiana was in 2007.

It's also possible that your lawyer got it sealed for you as part of your agreement with him when he was retained. He might know. But to be more certain, call the clerk of the court where your case was and ask him if the matter was sealed. He should be able to see that in the court's data base.

If he says no or isn't sure, you can order your RAP sheet from the state and see if it turns up on it. If it doesn't, it's sealed and you can deny it.

Do you recall whether you took a plea of guilty before you got your diversion program, or did you cut the deal directly with the prosecutor rather than the judge?

Customer: replied 11 months ago.

I am not sure - it was a public defender - and I recall him saying it would no longer be on my record after 5 years, however, I didnt ask any details after he said that.

 

How long would it take to have it sealed? What is the process?

 

I did search for my record through several background check sites and nothing would come up for any criminal charges, however, I did search through the indiana state police site and found my subject of record. Should i assume this means it is not sealed?

 

Do you have any idea what response the employer would have to this knowledge as far as moving forward with my job offer?

 

what would you recommend me doing? I need to submit my paperwork for the background check today.

Expert:  Zoey_ JD replied 11 months ago.

Hi,

Here's the deal.

Indiana's diversion program "diverts" the case from court and you don't take a plea before a judge. If that's the deal you got -- and it probably is -- just say no on the application. The public defender's office will probably have this on their own computer files and can tell you whether you had to plea or not. Call them now.

If you did plead guilty first, then this would show up on your record as an arrest and a dismissal. If you are applying for a private job, they cannot ask you about arrests. They can only ask you about convictions. That means that the company that does the background check is not supposed to pass along the dismissal to your prospective employer.

So if you took a plea, you can still say no to the conviction, and if it turns up, you'll still be able to say it was a dismissal, not a conviction, and confirm that officially through court documentation.
.
If you took a plea first you'd want to get this sealed, which you'd do by getting a lawyer and petitioning the court. The Indiana law is new as to this, so I don't have forms for you.

If you did NOT take a plea, then the case was never filed with the court and you need do nothing further.

Customer: replied 11 months ago.

Fran,


 


I just spoke with the courthouse. I was not convicted of the crime, because I did not plead guilty, however I was charged with it. So, (Sorry that I keep asking the same questions over and over) does this mean, I answer NO on the background check for "have you ever been convicted of a crime?"....


 


The information will come up in the screening - will this have an effect on the employment offer? Or will the agency conducting the background check no be able to forward the case charge and dismissal to the employer?


 


 

Expert:  Zoey_ JD replied 11 months ago.
Sorry for the delay. It's been a busy morning and I am just getting to my luch.

Yes, as I've said before, it's NOT a conviction. YOu can just answer NO. It shouldn't turn up at all, because you never pled guilty to it.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.