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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117370
Experience:  20+ Years of Employment Law Experience
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I need to know if the form I am going to attach

Customer Question

Attachment: 2015-07-10_183449_prg-cw_contractor_disclosure.pdf

Hello, I need to know if the form I am going to attach would require a person with a conviction (felony) to disclose. Based on the wording.

Submitted: 2 years ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 2 years ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today.

Yes, that language requires a person with a felony conviction to disclose it, unless the conviction was expunged or sealed. It's considered a conviction whether it was a guilty verdict at trial or the result of a plea bargain.

It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.
Customer: replied 2 years ago.

but the form stated that if it was legally adjudicated it does not need to be disclosed.

Expert:  Lucy, Esq. replied 2 years ago.
All convictions are adjudicated. What that phrase should be referring to is charges that were dismissed pursuant to a deferred adjudication agreement, which is a special type of procedure, usually for people charged with minor shoplifting or marijuana offenses. Otherwise, the inclusion of those two words would render the entire paragraph meaningless.
Customer: replied 2 years ago.

So, just to clarify, as it is worded there is no need to disclose a felony conviction. Correct?

Expert:  Lucy, Esq. replied 2 years ago.
No, that is the opposite of what I said. All convictions must be disclosed, unless you had the charges expunged, sealed, or dismissed pursuant to a deferred adjudication agreement. That's what they mean by "legally adjudicated."
Customer: replied 2 years ago.

what phrase would make it not necessary to be disclosed?

Expert:  Lucy, Esq. replied 2 years ago.
It would have to set a time limit, or state specific types of convictions that didn't need to be disclosed. Otherwise, "any convictions (felony, misdemeanor or other)" means just that.

Not disclosing something that was required to be disclosed is automatic grounds for termination, even if the original conviction would not have been.
Customer: replied 2 years ago.

ok, i am looking for wording that will accomplish that.

Expert:  Lucy, Esq. replied 2 years ago.
You want to add wording to that document that negates the "any convictions" must be disclosed language?

What are you trying to accomplish? In that case, why not just delete the entire paragraph?
Customer: replied 2 years ago.

I am trying to make a form that I can give to my new hires and satisfy the "requirement" of my client for disclosure, while giving those with conviction a chance to work. the form was the basic structure given to me by my customer.

Expert:  Lucy, Esq. replied 2 years ago.
Thank you for clarifying.

I'm afraid that what you're asking for crosses the line between providing information and giving legal advice, so I'm not going to be able to assist you further. Have a good day, and good luck.
Customer: replied 2 years ago.
Relist: Incomplete answer.
I need to edit the form within the structure given by my client. the last "expert" refused.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I am a different contributor as your previous contributor had to leave.

I look forward to working with you to provide you the information you are seeking for educational purposes only.

As the previous expert explained, and in accordance with law, non-convictions (which include deferred adjudications and dismissed cases) are not used in employment determinations. Only actual convictions, which are pleading guilty, being convicted after trial or pleading no contest. Those have to be disclosed. Expungements, deferred adjudications, dismissals, vacated convictions or pardons do not have to be disclosed generally, except some federal agencies can require reporting of any arrest or expunged charges that were convictions (some states allow convictions to be expunged).

I read the thread above and your comments and the expert's comments, but I am still trying to figure out what you are trying to accomplish here.

You cannot say they do not have to disclose felony convictions, that would not be disclosure and would not be proper. So please take a minute to clearly and briefly explain exactly what you want to accomplish with this disclosure.
Customer: replied 2 years ago.

I am trying to modify the form so that it basically negates itself.

Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.

So you are trying to modify the form so a convicted felon would not have to report or disclose their felony? That would violate quite a few laws if it is for work with agencies that have disclosure requirements. Maybe you need to clarify it better, because what you are saying you are seeking to do is not going to satisfy mandatory record disclosures.