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 Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 114732
Experience:  20+ Years of Employment Law Experience
10285032
Type Your Employment Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Obtaining a Public trust having a conviction JA: Thanks.

Customer Question

Obtaining a Public trust having a conviction
JA: Thanks. Can you give me any more details about your issue?
Customer: I am being considered for a job that requires a public trust for the VA. I have a felony from 2007 convicted in 2011 and given probation.
JA: OK got it. Last thing — Lawyers generally expect a deposit of about $36 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your question for us regarding this matter?
Customer: replied 1 year ago.
I would like to know if I would be denied
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If your conviction was for a crime that involves trustworthiness, then they will deny you automatically (theft, fraud etc). If the conviction was for something other than an offense involving trustworthiness (DUI, drug offense) then the hiring agency can waive that conviction for a public trust position. So, you can indeed be denied, it is up to the hiring agency and the type of conviction. The fact that you did not complete sentencing until 2011 means you cannot argue it is an old conviction and claim that the time involved should be grounds for waiver.
Customer: replied 1 year ago.
It was for damaging a computer system. I had to do community service and pay back $10,000. I've never beven arrested or in any kind of trouble prior or after other than traffic violations.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I am sorry, but that could be a public trust issue and that is something that could indeed cause your employment to be denied, as it involves a crime of trustworthiness. So, yes, you can file a written explanation to the employer, but theoretically this is a public trust type violation, and it is up to the agency to determine whether or not to waive the offense.
Customer: replied 1 year ago.
What is your opinion for a veterans affairs job?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.Chances of getting a VA job that involves computer access or security clearance is not likely with that type of conviction I am afraid.
Customer: replied 1 year ago.
In 2012 I 2as granted a public trust for a contract at the Irs for 1 year. Completed the contract and moved to hp for 4 years
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for the additional information.
As I said, in general this conviction would prevent a public trust position, but if you have had other public trust positions without incident, then that is basis for you asking the agency to consider waiver, as I said in my prior answer to you.

Related Employment Law Questions