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Ely
Ely, Counselor at Law
Category: Criminal Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Have two job offers on the table currently with offer letters

Resolved Question:

Have two job offers on the table currently with offer letters expected to be received both today and tomorrow. I have a DUI conviction, misdemeanor from last year in FL, that I was already charged for that I'm awaiting what will come of the case in terms of community service, fees, etc. The accident was last year and I'm just now, this month after moving to Georgia, being charged. My license suspension was over turned so I have a valid license in GA and FL.

I've filled out an application for one of the jobs and one of the application questions was "Have you ever been convicted of a felony?" that was it. So I selected no. No other background questions were asked. They are extending me an offer.

The other job I've filled out no application and was not asked nor was my background brought up throughout all 3 interviews. They are also extending me an offer.

My question is if I sign the offer letter and there's information stating the offer is contingent upon a background check and drug screen, but no specifics about the background, should I disclose the DUI or just sign and move forward and address the DUI when I'm eventually asked?
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Ely replied 10 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

As I understand it, no specific question has been asked about any misdemeanor, or DUI, or simply "criminal conviction" aside from a felony, correct?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 10 months ago.

That's correct. For the one job the application had the question asking if I'd ever been convicted of a felony which I answered no. They then extended me an offer. This job I will be traveling <50%.


 


For the other job I have not filled out any application nor have any questions been asked pertaining to my background or any criminal conviction and they have also extended me an offer. This job I will be traveling <10%.


 


Another quick note is both offers are verbal with written offer letters expected to be received today.

Expert:  Ely replied 10 months ago.
Thank you, J.

My question is if I sign the offer letter and there's information stating the offer is contingent upon a background check and drug screen, but no specifics about the background, should I disclose the DUI or just sign and move forward and address the DUI when I'm eventually asked?

Unless directly asked, one has no duty to disclose the DUI here. If they have not asked the following...

"Please disclose any criminal arrests that have not ended in a conviction"

"Have you had any criminal convictions besides traffic violations..."

AND/OR

"List any convictions you have had.."

Etc.

...unless they have asked this, then one has no obligation to disclose the DUI conviction until/unless asked directly about this. Since they have only asked about felony convictions, at this point, one does not have to disclose a DUI misdemeanor conviction.

I hope this helps and clarifies. Good luck.

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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86617
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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