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How should I answer "Have you ever been arrested?" on a job

 
Marsha411JD's Avatar
  • Answered by:Marsha411JD
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Customer Question

How should I answer "Have you ever been arrested?" on a job application? Is this legal in Oklahoma? I was arrested once in 2008 for DUI in Wyoming. Since I was a first offender, I chose a deferred sentence and completed all terms of my sentence. Charges were dropped and I was never convicted.

 

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State/Country relating to question: Oklahoma

Submitted: 470 days and 20 hours ago.
Category: Employment Law
Value: $28
Status: CLOSED
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Expert:  Marsha411JD replied470 days and 20 hours ago.

Hello,

Yes, in Oklahoma a prospective employer can ask about an arrest record and in some cases they must, depending on the type of job being applied for. That said, if the record has been expunged or sealed, then the prospective employee would not be required to list it.

Customer replied470 days and 20 hours ago.

The job in question is a personal trainer position. How do I find out if the record is expunged or sealed?

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Expert:  Marsha411JD replied470 days and 20 hours ago.

You would have had to take the affirmative steps to have it sealed or expunged. So, unless you did that, it isn't. That said, you do not, as you correctly stated have a conviction since your charge was dismissed and you can say that it was dismissed.

Expert TypeLawyer
Category: Employment Law
Pos. Feedback: 98.3 %
Accepts: 9765
Answered: 2/1/2012

Experience: Licensed Attorney with 27 yrs. exp in Employment Law

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