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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 101059
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a felony convinction type d from 1990. It is under my

Customer Question

I have a felony convinction type d from 1990. It is under my married name. I have just applied to a state faciltiy that is checking my name under both my married and maiden name. They said my maiden name came up clear, but my convinction is under my married name and they said they are waiting for that information now. Does this mean I will not get the job?
JA: What state is this in? And can you tell me a little more about the charge?
Customer: New York State. Criminal possession of prescription written by me for a Scheduled 111 narcotic.
JA: Have you talked to a lawyer yet?
Customer: this happend 30 years ago. I have already talked to a lawyer about getting it expunged. I have a letter of release from civil disabilities. I have had background checks done before and nothing ever came up unless I had my fingerprints done.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I want to know if they can rescind the offer. I have been working non stop for over 30 years in the same profession. I don't understand why they are doing such an extensive back ground search, but this is it and I am afraid now they will call me tomorrow and say they found something listed under my married name
Submitted: 3 months ago.
Category: Criminal Law
Expert:  Ely replied 3 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Your criminal record follows your maiden and married name. So if you had a conviction under your maiden name, it would still show up when they run your background check under your married name (at least, a good background check).

Whether or not the employer terminates the employment contract is up to them then - this is at their discretion. Employers can discriminate against someone who has a criminal conviction.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 3 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!