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Are you required to disclose a misdemeanor conviction that…

Customer Question
Are you required to...

Are you required to disclose a misdemeanor conviction that happened in 2007 in a job application?

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

Connecticut. It was for a DUI, but before it was a criminal conviction

Lawyer's Assistant: Have you talked to a lawyer yet?

No, my husband is applying for a job

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm not sure

Submitted: 8 months ago.Category: Criminal Law
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Answered in 7 minutes by:
8/2/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,069
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post.

What does the application question ask? Be precise in the wording. Is the position with a government employer? What section of the law did he plead to. What was his sentence, and was it just a traffic infraction?

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Customer reply replied 8 months ago
The application asked if he had any convictions either criminal or misdemeanor. It is not a government employer. I don't know what section of the law, it was a DUI.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 months ago

The wording of the application is important. If they are asking for all criminal convictions, and he had to go to criminal court to resolve this case, then it is a criminal conviction and will turn up on both his criminal history and his driving record if the company does a background check.

I don't know why you think that driving under the influence in 2007 was not a criminal conviction. It was a misdemeanor with a maximum sentence of 6 months in jail. If he pled to something else other than DUI -- if he got it reduced to a civil infraction, for example -- he could answer "no." But you don't seem to know what statute he pled to.

The best thing for him to do would be to obtain a copy of his official criminal record and see whether this shows up and what it shows up as. If it shows up as a criminal case and he was convicted of that charge, he has to answer yes.

He can get his record from the state here.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 months ago

The wording of the application is important. If they are asking for all criminal convictions, and he had to go to criminal court to resolve this case, then it is a criminal conviction and will turn up on both his criminal history and his driving record if the company does a background check.

I don't know why you think that driving under the influence in 2007 was not a criminal conviction. It was a misdemeanor with a maximum sentence of 6 months in jail. If he pled to something else other than DUI -- if he got it reduced to a civil infraction, for example -- he could answer "no." But you don't seem to know what statute he pled to.

The best thing for him to do would be to obtain a copy of his official criminal record and see whether this shows up and what it shows up as. If it shows up as a criminal case and he was convicted of that charge, he has to answer yes.

He can get his record from the state here.

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Customer reply replied 8 months ago
He is driving for a company presently and was background vetted and this didn't come up. He is in the process of an application for a new job and was asked this in the application. Will it come up in a background search given that it was 10 years ago?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 months ago

If it's on his record, it will always be on his record unless he is able to get the charge sealed or expunged. I don't know what kind of background check he had before, and whether they wanted to go back as far as 10 years. That's why I say the best way to know what is there and what isn't is for him to get an official copy of his record. Then he will see for himself exactly what an employer will see if they do a full background check.

If he's sure it won't turn up, he can answer "no."

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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