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Ellen
Ellen, Lawyer, Consultant
Category: Legal
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Does someone need to disclose a military arrest and conviction

Resolved Question:

Does someone need to disclose a military arrest and conviction that occured 12 yrs ago on a civilian employment application today? This is in Virginia.
Submitted: 8 years ago.
Category: Legal
Expert:  Ellen replied 8 years ago.
Can you please type the exact wording of the question asked on the application so that I can more accurately answer you?
Customer: replied 8 years ago.
This question applies to several online applications that we have seen that all have similar wording. This is one from wal-mart that we have been reviewing. This is for my husband who has ben laid off from his job of 10yrs. He was in the military for 9 years prior to that. His military conviction has not shown up before but he does not want to lie on an application and risk an employment opportunity, however if he doesn't have to disclose leagally he would rather not.

Wal-Mart Stores, Inc., in considering my application for employment, may verify the information set forth on this application and obtain additional background information relating to my background. I authorize all persons, schools, companies, corporations, credit bureaus, and law enforcement agencies to supply any information concerning my background.

I have read, understand and agree to this statement......

I certify that the information on this application is correct and I understand that any misrepresentation or omission of any information will result in my disqualification from consideration for employment or, if employed, my dismissal. I understand that this application is not a contract, offer, or promise of employment and that if hired, I will be able to resign at any time for any reason. Likewise, the company can terminate my employment at any time with or without cause, unless otherwise required by law. I further understand that no one other than the President of Wal-Mart Stores, Inc., or Vice President of its People Division has the authority to enter into an employment contract or agreement with me, and that my at-will employment can be changed only by a written agreement signed by the President of Wal-Mart Stores, Inc.

I have read, understand and agree to the above statements....

California Applicants Disclaimer: Do not disclose marijuana convictions (felony or misdemeanor) that are more than 2 years old.

Colorado, Louisiana, Maryland, New Hampshire, and Oklahoma Applicants Disclaimer: Do not disclose criminal conviction records that are sealed, expunged or annulled.

Hawaii Applicants Disclaimer: Do not disclose criminal convictions.

Illinois Applicants Disclaimer: Do not disclose prior convictions that have been expunged, sealed or impounded under Section 5 of the Criminal Identification Act.

Massachusetts Applicants Disclaimer: Do not disclose a first conviction for drunkenness, simple assault, speeding, minor traffic violations, disturbing the peace, or any conviction of a misdemeanor which has occurred 5 years before the date of this application. Additionally, applicants for employment with a sealed record on file with the commissioner of probation may answer "no record" with respect to an inquiry herein relative to prior arrests, criminal court appearances or convictions. Further, applicants for employment with a sealed record on file with the commissioner of probation may answer "no record" to an inquiry herein relative to prior arrests or criminal court appearances. Finally, any applicant for employment may answer "no record" with respect to any inquiry relative to prior arrests, court appearances and adjudications in all cases of delinquency or as a child in need of services which did not result in a complaint transferred to the superior court for criminal prosecution.

Washington Applicants Disclaimer: Do not disclose convictions which occurred more than 7 years ago or for which you were released from prison more than 7 years ago.

Some states and localities prohibit smoking in the workplace. This includes common work areas, meeting rooms, private offices, hallways, lounge areas, restrooms, vehicles (including Company cars), and any other enclosed location. Associates who work in locations with laws prohibiting indoor smoking or placing other restrictions on the use of tobacco products must follow the local laws. Please be advised that the location in which you are applying for may prohibit smoking in enclosed areas.

I understand that this application is good only for sixty (60) days from today's date. If I still desire a position with the company after this application expires, it will be my responsibility to fill out a new application and file it with the company. Otherwise, the company will not consider me for employment after this application expires.

I have read, understand and agree to this statement.

Expert:  Ellen replied 8 years ago.
Hello,


Unfortunately your husband would have to disclose the military conviction on this application. If he does not, it would be grounds for termination.
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